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    <title>2026 (1) TMI 393 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH: NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=784637</link>
    <description>The dominant issue was whether the appellant and other bidders engaged in bid rigging/collusive bidding contravening s.3(3) of the Competition Act in a public tender. The AT held that direct evidence of cartelisation is rarely available and may be inferred from surrounding circumstances; here, common IP address usage for bid submissions, close telephonic association supported by CDRs, and the appellant arranging EMD for other bidders established coordination and absence of genuine competition. Once an &quot;agreement&quot; under s.2(b) was proved within s.3(3), an AAEC presumption arose and was not rebutted. The finding of contravention and the s.27(a) directions, including proportionate penalty, were upheld; the appeal was dismissed.</description>
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    <pubDate>Wed, 07 Jan 2026 00:00:00 +0530</pubDate>
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      <title>2026 (1) TMI 393 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH: NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=784637</link>
      <description>The dominant issue was whether the appellant and other bidders engaged in bid rigging/collusive bidding contravening s.3(3) of the Competition Act in a public tender. The AT held that direct evidence of cartelisation is rarely available and may be inferred from surrounding circumstances; here, common IP address usage for bid submissions, close telephonic association supported by CDRs, and the appellant arranging EMD for other bidders established coordination and absence of genuine competition. Once an &quot;agreement&quot; under s.2(b) was proved within s.3(3), an AAEC presumption arose and was not rebutted. The finding of contravention and the s.27(a) directions, including proportionate penalty, were upheld; the appeal was dismissed.</description>
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      <pubDate>Wed, 07 Jan 2026 00:00:00 +0530</pubDate>
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