Case Law Details
Hith Impex Pvt. Ltd. Vs CCI & Ors. (NCLAT Delhi)
NCLAT Delhi held that role of company as well as the appellant in providing inputs for arriving at rigged pricing is somehow or the other proved. Accordingly, imposition of penalty by the Commission cannot be faulted.
Facts- This appeal is directed against the order passed by the Competition Commission of India in the matter of Suo Motu Case No. 02 of 2020 in Re: Alleged anti-competitive conduct by various bidders in supply and installation of signages at specified locations of State Bank of India across India.
In brief, the Commission Suo Motu took up a matter under Section 19(1) of ‘the Competition Act, 2002’ (hereinafter referred as to ‘The Act’) in response to a compliant dated 28.06.2018 in regard to bid-rigging and cartelisation in the tender floated by SBI Infra Management Solutions Pvt. Ltd. (SBIIMS) for the supply and installation of new signages/replacement of existing signages for branches/offices/ATMs of SBI located at specified metro centres of various circles of SBI across India (impugned tender).
The Suo Motu proceedings were initiated against as many as seven Respondents in which Hith Impex Pvt.Ltd was arrayed as Op No. 7. The complaint was investigated by the DG and the role of all Ops was discussed separately by the Commission.
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