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All appeals dismissed; finding of anti-competitive bid-rigging upheld under Sections 3(3)(c), 3(3)(d) read with 3(1); cease-and-desist and total-turno...
SC held that Schott India's volume-based discount scheme did not constitute anti-competitive behavior. The Court found no evidence of discriminatory pricing, exclusionary practices, or market foreclosure. The functional rebate and long-term supply agreement were deemed objectively justified. Critically, the Court emphasized that an effects-based harm analysis is essential under Section 4 of the Competition Act. The investigation was procedurally flawed due to denial of cross-examination, rendering the Competition Commission's original order invalid. The Appellate Tribunal's decision was affirmed, and the complainant was ordered to pay Rs. 500,000 in costs.
SC held that Schott India's volume-based discount scheme did not constitute anti-competitive behavior. The Court found no evidence of discriminatory pricing, exclusionary practices, or market foreclosure. The functional rebate and long-term supply agreement were deemed objectively justified. Critically, the Court emphasized that an effects-based harm analysis is essential under Section 4 of the Competition Act. The investigation was procedurally flawed due to denial of cross-examination, rendering the Competition Commission's original order invalid. The Appellate Tribunal's decision was affirmed, and the complainant was ordered to pay Rs. 500,000 in costs.
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