Zulma, a famous gynaecologist and obstetrician was the Managing Director, of Zulma Hospitals and Research Centre Private Ltd. She has been engaged in various philanthropic activities and working for human rights with var

Ms. Zulma has approached the Competition Commission of India to conduct an investigation on the Me Tube Video Channel owned by Namaste for spreading false information/misinformation regarding cost of infertility treatments, especially IVF and inferring that cheaper treatment indicated inferior quality. Ms Zulma contended that because of the huge reach of the Me Tube Video Chanel, Namaste was abusing his dominant position to influence the market and harm competition. Hence action should be taken under Section 4 of the Competition Act. This case is similar to a complaint placed before the CCI in Sabine S. v. Mitera Hospital [CCI] Case No. 17 of 2024 . In this case, Informant is running a hospital which offers services including infertility treatments such as IVF; paediatrics, laparoscopy (Endoscopy); obstetrics & gynaecology; orthopaedics treatment etc. The primary grievance of the Informant was that the Opposite Party through Dr. Raju Nair, has made certain misleading statements/misinformation about the cost of IVF and fertility treatments on their You Tube channel against hospitals offering affordable treatment for infertility care. These statements are alleged to be detrimental to a competitive market and would prejudice market players who are willing to offer quality treatment at an affordable rate. This conduct has been alleged to be in abuse of dominant position by the Opposite Party in contravention of provisions of Section 4 of the Act. However, the allegations that the Opposite Party is allegedly spreading mis- information/ misstatements about the cost of such treatment do not fall within the ambit of the Competition Act, 2002. The Commission was of the view that there was no prima-facie case of contravention of provisions of the Act warranting an investigation into the matter. Accordingly, the Information was directed to be closed forthwith. In the light of what has been stated earlier, and going by the averments made by Dr. Zulma, it is felt that the allegations by Dr. Zulma are not justified and the CCI will not proceed further with any inquiry against the You Tube Channel of Mr. Namaste.