after considering the rival submissions, observed that the
performance linked incentives offered by Uber and Ola, which were
intended to build the network of drivers ... Uber creates de facto exclusivity. There is no
reasoning that why performance linked incentives that are intended to in
effect create exclusivity in the market
mentioned that to facilitate the said
objective, OP 1 has introduced „Performance Linked Incentive Program‟ („PLIP‟)
and has linked 1 % of the commission
commission rate for all partner hotels; elimination of
Performance Linked Bonus (PLB) or other additional promotional incentives
which indirectly add to fixed commission; prohibition ... Additional charges in the form of volume discounting
incentive (VDI), performance link bonus etc. also get added to the commission
charges. The Commission notes that
exchange for
exclusivity, in an arbitrary manner not linked to any uniform policy or based on
performance/ sales of the dealer, which amounts to imposition ... Page 13 of 16
incentives to its dealers, which may be linked to the performance/ sales of the dealer
prima facie amounting to imposition
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BEFORE
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