Case Law Details
Prem Prakash Vs Director General (Competition Commission of India)
The Competition Commission of India (CCI) has evaluated a case brought forth by Mr. Prem Prakash against various government entities for alleged violations of the Competition Act, 2002. The case pertains to the mandated accreditation of laboratories by the National Accreditation Board for Testing and Calibration Laboratories (NABL) in procurement documents issued by these entities. This article offers an analysis of the CCI’s assessment and its implications for competition within the relevant markets.
Analysis: The Informant alleges that the accreditation condition favoring NABL creates a monopoly, hindering competition and causing entry barriers. The Commission reviews the allegations under Sections 3(4) and 4 of the Competition Act. While the Informant suggests an arrangement between NABL and the entities, the Commission finds no concrete evidence to support this claim. The Commission’s past order regarding a similar case is cited, noting the absence of agreement evidence.
Regarding Section 4 allegations, the Commission acknowledges the Informant’s delineation of separate markets for each entity’s procurement. However, it emphasizes the broader market for laboratory testing services and concludes that the Informant’s precise relevant market definitions are not applicable. The Commission’s observation highlights that laboratory services extend beyond the entities’ requirements, mitigating potential foreclosure concerns.
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