C.C.L. Optoelectronics Pvt. Ltd Vs Bharat Sanchar Nigam Ltd (Competition Commission of India)
The case was filed by C.C.L. Optoelectronics Pvt. Ltd. (Informant) against Bharat Sanchar Nigam Ltd. (BSNL or OP) under Section 19(1)(a) of the Competition Act, 2002, alleging a contravention of Section 4 (Abuse of Dominant Position). The Informant, a Micro and Small Enterprise (MSME) manufacturing electronic telecommunication products, contested its disqualification from BSNL’s tender for the supply of 200,000 units of Splice Closure for Optical Fiber Cables.
Allegations of Abuse of Dominance
The Informant, an MSME, claimed it was eligible for an exemption from the Minimum Average Annual Turnover and Experience Criteria specified in the tender documents. Despite submitting its Udyam Certificate and relevant experience, the Informant was disqualified.
The Informant alleged that BSNL abused its dominant position by:
1. Imposing contradictory and discriminatory conditions in the tender documents to deliberately restrict competition.
2. Rejecting the Informant’s bid to favor specific companies (M/s R&M India Pvt. Ltd., M/s Ampson Engineering Pvt. Ltd., and M/s Nav Fibro Plastics).
3. Arbitrarily changing qualification criteria from previous tenders, such as the removal of “Public Listed Companies” from experience criteria and adjusting the Past Performance quantity requirement.
The Informant sought both interim relief (restraining BSNL from proceeding with the bidding) and final relief (initiating an inquiry, directing BSNL to cease restrictive practices, revoking the current bidding process, and imposing a penalty).
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