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Competition Commission of India

Autonomy to specify requirements of procurement is inherent in procurers: CCI

April 8, 2022 705 Views 0 comment Print

Mr. Dushyant Vs National Accreditation Board for Testing and Calibration Laboratories (NABL) (Competition Commission of India) The Commission has, in some previous cases, recognising the autonomy of the procurer, stated that the procurer is the best judge of what and how it wants. At the cost of repetition, the Commission notes that every consumer/ procurer […]

Fraudulent practices not fall within the Ambit of CCI

April 8, 2022 999 Views 0 comment Print

Rajendra Khare Vs Information Systems Audit and Control Association, Inc (Competition Commission of India) The Informant has also alleged contravention of Section 4(2)(e) of the Act stating that ISACA is ruling over CMMI Maturity Level Certification Market in India as it is completely capable of protecting any market or denying market access because it has […]

In absence of dominance, the issue of examination of alleged abusive conduct does not arise

April 8, 2022 312 Views 0 comment Print

Nirmala Agarwal Vs. Greenfield City Projects LLP (Competition Commission of India) The Commission notes that the Informants have not provided any information/data in support of the alleged dominance of OPs in the relevant market. The Commission, however, on the basis of the information available in the public domain, notes that, other than OPs, a number […]

In absence of dominance in relevant markets, the question of abuse of dominant position not arises

April 8, 2022 681 Views 0 comment Print

Samaleshwari Automobiles Vs Tata Motors Ltd. and Another (Competition Commission of India) Commission notes that the Informant has primarily alleged that the OPs have imposed unfair and discriminatory terms and conditions in the Dealership Agreement in respect of passenger/utility category of vehicles, besides indulging in anti-competitive practices, which put the Informant’s company in a deep […]

CCI imposes penalty for bid-rigging in Tenders for soil sample testing

April 8, 2022 1284 Views 0 comment Print

The Commission notes that cartelisation, including bid rigging, is a pernicious form of anti-competitive conduct under the provisions of Section 3 of the Act. None of the Opposite Parties or their individuals have been able to rebut the evidence found against them by the DG of having indulged in anti-competitive conduct and manipulating the bids/bid rigging in respect of tenders floated by the Department of Agriculture, State of Uttar Pradesh.

Work experience/turnover requirement in tender cannot be termed as anti-competitive

April 8, 2022 2349 Views 0 comment Print

The Commission is of the opinion that a work experience requirement of one year or minimum turnover requirement as alleged in the Information, does not in itself can be said to be anti-competitive.

Allegation of bundling/tying of food ordering services with food delivery services against Zomato: CCI founds no contravention

April 8, 2022 4200 Views 0 comment Print

Rohit Arora Vs. Zomato Private Limited (now Zomato Limited) (Competition Commission of India) On careful perusal of the Information, material available on record and submissions filed by the parties, the Commission finds that the grievance of the Informant primarily stems from the three incidents cited in the Information. The first incident pertains to the food […]

Mere Common ownership not sufficient to prove Bid-Rigging: CCI

April 8, 2022 2070 Views 0 comment Print

Mere commonality of ownership does not imply contravention of the provisions of Section 3(3)(d) of the Act, unless there is material on record to substantiate the allegations of bid rigging by way of collusion.

Exclusive arrangement in a vertical chain is not an anathema under competition law: CCI

April 8, 2022 663 Views 0 comment Print

CCI observes that certain restrictions which are placed on exclusive outlets/dealers by the manufacturers may not always be termed as anti-competitive. An exclusive arrangement in a vertical chain is not an anathema under competition law, when supported by circumstances warranting such exclusivity when looked at objectively.

No bid–rigging proved in Govt tenders by Samsung India & Others: CCI

April 8, 2022 1086 Views 0 comment Print

Vipul Jain Vs. Samsung India Electronics Private Limited and Others (Competition Commission of India) It has been stated that during the course of his business, the Informant has discovered that OPs have formed a cartel in response to certain tenders floated by various government departments for procurement of smartphones, It has been alleged that OP-1 […]

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