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of NCLAT upholds the Commission's finding that the appellants violated Section 3(1) read with Sections 3(3)(c) and 3(3)(d) of the Competition Act by engaging in cartelisation and bid-rigging as cover bidders, and affirms the cease-and-desist direction under Section 27(a). The tribunal accepts the Commission's reliance on circumstantial evidence and admissions to infer an agreement. Concluding that application of relevant-turnover would produce a nil penalty given first-time bidders, NCLAT sustains the Commission's use of total turnover for computation but, applying proportionality, reduces the monetary penalty under Section 27(b) from 5% to 3% of the average annual turnover of the last three years. Application disposed.
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