International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Bid rigging/collusive bidding in a public tender for supply of machines was alleged to contravene Section 3 of the Competition Act, 2002. Direct proof of cartelisation being rare, the finding was sustained on circumstantial evidence showing coordination, including use of the same IP address for bid submission, close telephonic association reflected in CDRs, and facilitation of bid security by one participant for others, demonstrating lack of independent competition; mere reduction in bid price did not rebut collusion. Once an agreement falling within Section 3(3) was established, the presumption of AAEC applied and was not rebutted. The contravention and penalty under Section 27(a) were upheld and the appeal was dismissed - NCLAT
Bid rigging/collusive bidding in a public tender for supply of machines was alleged to contravene Section 3 of the Competition Act, 2002. Direct proof of cartelisation being rare, the finding was sustained on circumstantial evidence showing coordination, including use of the same IP address for bid submission, close telephonic association reflected in CDRs, and facilitation of bid security by one participant for others, demonstrating lack of independent competition; mere reduction in bid price did not rebut collusion. Once an agreement falling within Section 3(3) was established, the presumption of AAEC applied and was not rebutted. The contravention and penalty under Section 27(a) were upheld and the appeal was dismissed - NCLAT
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