Case Law Details
XYZ (Confidential) Vs Surveyor General of India (Competition Commission of India)
Introduction: The Competition Commission of India (CCI) recently addressed allegations made by XYZ against the Surveyor General of India and the Technical Committee for Purchase of Plotter, Survey of India, regarding the procurement of LED Plotters with Folders. The case delves into accusations of anti-competitive practices in the tender process. Let’s explore the key aspects, examination, and the CCI’s decision.
Informant’s Allegations: XYZ filed a complaint alleging that Survey of India’s tender for LED Plotters with Folders favored a cartel of bidders, limiting competition. The Informant sought confidentiality, which was granted. The core contention was that Survey of India violated Section 3 of the Competition Act by showing favoritism and denying fair competition.
Survey of India’s Tender Process: The tender, dated 01.03.2023, raised concerns about its anti-competitive nature. XYZ claimed that specific conditions in the tender document benefited a cartel of bidders, including Reprographics India, Indi Innovation, and CADMARC Software Pvt Ltd. The Informant argued that this led to inflated rates due to a lack of genuine competition.
CCI’s Examination: The CCI examined the allegations closely, considering the conditions set in the tender. The Informant contended that Survey of India facilitated a bidder cartel. However, the CCI found insufficient evidence supporting the existence of a cartel among the bidders. The Commission observed that the procurer’s right to stipulate conditions within the tender documentation is generally protected.
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