Mohit Vs Pernod Ricard India Private Limited (Competition Commission of India)
Mr. Mohit vs Pernod Ricard India Private Limited, United Spirits Limited (Diageo), Bacardi India Private Limited, Waves Distilleries and Breweries Private Limited, ADS Spirits Private Limited, Modi Illva India Private Limited, Radico Khaitan Limited and others
The Competition Commission of India (CCI) passed an order under Section 26(1) of the Competition Act, 2002, directing the Director General to investigate allegations of anti-competitive conduct involving liquor manufacturers, wholesalers and retailers operating in Delhi under the Excise Policy, 2021-22. The Information alleged contravention of Section 3 of the Act through bid rigging, cartelisation and exclusive dealing arrangements in the liquor trade.
The Informant alleged bid rigging in tenders floated by the Department of Excise, Entertainment and Luxury Tax for wholesale supply of country liquor in Delhi during 2022-23. According to the allegations, the first tender dated 22.04.2022 was cancelled after two bidders disclosed their financial quotes in violation of tender conditions. A subsequent tender dated 24.05.2022 was also cancelled after the Tender Scrutiny Committee observed that the quoted rates were within a narrow range of Rs. 421 to Rs. 423, indicating possible cartelisation or pool formation among bidders. The Informant further alleged that the bidders continued to submit closely aligned rates in the third tender dated 27.01.2023, suggesting coordinated pricing and bid manipulation.
