CCI dismisses complaint against SAIL for anti-competitive practice as there was no concrete evidence of bid-rigging
- Blog|News|Competition Law|
- 2 Min Read
- By Taxmann
- |
- Last Updated on 7 September, 2021
Latest from Taxmann
Case details: Steel Authority of India Ltd. v. Mahimanand Mishra - [2021] 129 taxmann.com 339 (CCI)
Judiciary and Counsel Details
-
- Ms. Ashok Kumar Gupta, Chairperson, Ms. Sangeeta Verma and Bhagwant Singh Bishnoi, Member.
Facts of the Case
The informants i.e., SAIL and Paradip Port Trust, filed information against opposite parties alleging contravention of provisions of section 3 of the Competition Act. It was alleged that despite the transparent tendering process followed by SAIL for engaging services of stevedoring contractor at Paradip Port, illegal cartelization had occurred among stevedoring agencies at Paradip Port and SAIL had become a victim of same.
The Informants prayed that case might be investigated by Director General and Commission might pass suitable orders or directions against OPs which were stevedoring agencies so as to bring about an end to the alleged practice of cartelization in stevedoring at Paradip Port.
However, the allegations raised by Informants against opposite parties were not concrete in nature and merely contained general allegations of the existence of cartel between stevedores in Paradip Port involving opposite parties without indicating the nature of the cartel, who all were members of the cartel, how cartel operated, restrictions brought about by cartel in terms of section 3(3) and how bids issued by SAIL had been manipulated or rigged by members of cartel including opposite parties.
CCI Held
Since in absence of any concrete information/evidence, there existed no prima facie case, and information filed was directed to be closed forthwith against opposite parties under section 26(2) of the Competition Act, 2002.
Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.
Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.
The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:
- The statutory material is obtained only from the authorized and reliable sources
- All the latest developments in the judicial and legislative fields are covered
- Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
- Every content published by Taxmann is complete, accurate and lucid
- All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
- The golden rules of grammar, style and consistency are thoroughly followed
- Font and size that’s easy to read and remain consistent across all imprint and digital publications are applied
Sign Up
To subscribe to our weekly newsletter please log in/register on Taxmann.com
Latest Books
Everything on Tax and Corporate Laws of India
To subscribe to our weekly newsletter please log in/register on Taxmann.com
CA | CS | CMA
