annual-report-FY2021

215 MAHINDRA & MAHINDRA LTD. INTEGRATED ANNUAL REPORT 2020-21 by the CCI. On 10 th April, 2019, the Delhi High Court pronounced its order (HC order) and held certain sections of the Competition Act as unconstitutional. The HC order requires that in views of its directions, new guidelines be framed by CCI, in regard to the manner in which the CCI conducts its proceedings. M&M challenged the aforesaid Order of Delhi HC by filing a SLP before the Supreme Court. The Hon’ble Supreme Court was pleased to issue notice to Respondents and further granted stay on Impugned CCI Order till the next date of hearing. U nion of India (“UOI”) had also filed SLP against the Judgement dated 4 th April 2019, along with an Application for Condonation of Delay, as the SLP filed by them is barred by limitation. Both, the SLP of UOI and the Delay Condonation Application were listed on 1 st January 2021 for hearing. The Court has issued Notice in the Condonation of Delay Application and tagged the SLP of UOI with the other pending SLPs including the SLP filed by M&M. The matter is yet to be listed for hearing. Matters pending before the ITC, USA I n August of 2018, a complaint was filed by Fiat Chrysler Automobile US, LLC (“FCA”) with the United States International Trade Commission (ITC) against Mahindra & Mahindra Limited (“M&M”) and Mahindra Automotive North America (“MANA”) alleging that certain design features of the Mahindra ROXOR infringe the intellectual property rights of Fiat’s Jeep design. Fiat sought an order for permanently restraining M&M from exporting to the United States, and MANA from importing into US, any part or component which infringes FCA’s intellectual property rights. I n response, M&M / MANA brought action in Federal District Court in Michigan on the issue of the applicability and enforcement of M&M’s 2009 agreement with FCA and to assert a claim for compensation arising out of the harm caused by FCA using the ITC case to injure the ROXOR business, M&M and MANA by creating negative publicity, damaging the reputation and stature in the marketplace. After the hearing the court indicated that both the Federal District Court action and the ITC investigation would continue. The parties agreed to delay trial at the Federal District Court until the final outcome at the ITC. T rial at the ITC was held in August 2019. The administrative law judge overseeing the case issued an initial determination and recommendation wherein it was suggested that although the Mahindra ROXOR did not infringe on any of FCA’s registered trademarks, however, FCA did establish rights in certain trade dress elements and the ITC should issue an order prohibiting import of infringing parts. The full commission reviewed the initial determination and issued a final determination on 11 th June, 2020. The final determination at the ITC agreed with the recommendations of the administrative law judge on the issues. T he Federal District Court of Michigan has since validated the ITC’s finding regarding (i) non-infringement of FCA’s registered trademarks and (ii) infringement by of FCA’s Jeep Trade Dress by the 2018 and 2019 FY ROXOR vehicle. M &M has appealed the ITC’s findings on FCA’s rights to their claimed trade dress elements and that the 2018 and 2019 ROXOR models were infringing of those rights, before the Federal Circuit Court. T he ITC also provided a mechanism for review of the FY 2020 and FY 2021 ROXOR designs to determine if they are non-infringing. On 20 th July, 2020, the Judge at the ITC began expedited consideration of the FY 2021 ROXOR design. The Judge at the ITC concluded that the FY 2021 ROXOR design did not infringe on the FCA trade dress. This conclusion was referred to the entire International Trade Commission for review. On 23 rd December, 2020, the Commission concurred with the conclusion that the FY 2021 design was non-infringing. This now permits the manufacture and sale of the new design in the U.S. without restriction. FCA has filed an Appeal the ruling to the Federal Circuit Court in the United States. In the interim, M&M and MANA are free to manufacture, sell and distribute the FY 2021 design and intends to begin production by the fourth quarter of calendar year 2021. F CA has appealed the ITC’s findings on the FY 2021 ROXOR design before the Federal Circuit Court. C urrently both (i) M&M’s appeal of the ITC’s original ruling that the 2018 and 2019 models were infringing and (ii) FCA’s appeal of the ITC’s ruling that the FY 2021 design is non-infringing remain pending before the Federal Circuit Court. 4. D id your company carry out any consumer survey/ consumer satisfaction trends? Yes, through • C aPS (Customer as Promoter Score) Study (Done by Central Team at Corporate Office Worli) - Applicable for Personal & Commercial Model, as well as Tractors. The CaPS study is an annual study but was not completed in FY 2020-21 • B rand Track Study for PV was carried out in FY 2020‑21. Brand Track study for CV and Tractors was not conducted in FY 2020-21