https://www.taxtmi.com/caselaws?id=309307 Government bodies engaged in production, supply or distribution can qualify as an "enterprise" under the Competition Act unless the activity is a narrow sovereign function. The analysis states that liquor procurement and distribution are commercial activities, so the sovereign-function exception does not apply merely because the policy reflects State control or monopoly. It also explains that an order under Section 26(1) is only a prima facie direction for investigation and does not finally determine rights or liabilities. Accordingly, the Competition Commission could examine whether the conduct attracted the Act, and the challenge to the investigation order failed. en-us Tue, 17 Oct 2017 00:00:00 +0530 Wed, 23 Aug 2023 21:29:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=309307 Government bodies engaged in production, supply or distribution can qualify as an "enterprise" under the Competition Act unless the activity is a narrow sovereign function. The analysis states that liquor procurement and distribution are commercial activities, so the sovereign-function exception does not apply merely because the policy reflects State control or monopoly. It also explains that an order under Section 26(1) is only a prima facie direction for investigation and does not finally determine rights or liabilities. Accordingly, the Competition Commission could examine whether the conduct attracted the Act, and the challenge to the investigation order failed. Case-Laws Law of Competition Tue, 17 Oct 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=309307