ACP NB/Sub N.Mohan Rao (Retd.) Vs Bishal Juice Corner (Competition Commission of India)
In a case filed with the Competition Commission of India (CCI), ACP N. Mohan Rao (Retd.) alleged that Bishal Juice Corner engaged in anti-competitive practices. Rao, who was initially allotted a shop by Command Hospital in Kolkata, claimed he was unable to take possession due to Bishal Juice Corner’s refusal to vacate the premises, leading to a legal dispute. After being allotted a different shop, Rao, who operates a business named “Raj Café and Wet Canteen,” alleged that Bishal Juice Corner engaged in unfair competition by selling food items at prices below manufacturing cost. He also claimed that Bishal Juice Corner operated without proper licenses, sold goods from unhygienic sources, and illegally occupied public premises, causing a sharp decline in his sales and creating public health concerns.
The Informant requested the CCI to order the removal of Bishal Juice Corner from the premises, ensure its compliance with food safety regulations, and investigate its alleged unfair trade practices. However, after reviewing the information and available materials, the Commission determined that the case did not fall under the purview of the Competition Act, 2002. The CCI’s order, issued under Section 26(2) of the Act, found no evidence of an anti-competitive agreement between Bishal Juice Corner and its competitors or suppliers. The Commission stated that Bishal Juice Corner appeared to be acting independently and that the alleged conduct, such as selling products at low prices and operating without licenses, did not constitute a violation of Section 3 of the Act. The CCI concluded that the issues raised by the Informant, including the unauthorized occupation of public premises and alleged unhygienic practices, are outside its jurisdiction. Consequently, the case was closed, as no prima facie contravention of the Act was established.
