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    <title>2024 (8) TMI 1715 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI</title>
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    <description>Bid rigging in soil testing tenders was established on coordinated conduct such as cover bids, fake invoices, false experience documents, common IP addresses, linked login credentials, and consistent bidding patterns, with admissions supporting cartelisation. Conduct falling within Section 3(3) attracted a presumption of appreciable adverse effect on competition, and the material was sufficient to sustain the finding of contravention. Proprietors and directors were also held liable because they actively organised, directed, and facilitated the anti-competitive bidding and controlled the affairs of their enterprises. The penalty based on average turnover and income was sustained, as a nil tender-specific turnover approach would undermine deterrence in a deliberate bid-rigging case.</description>
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    <pubDate>Thu, 22 Aug 2024 00:00:00 +0530</pubDate>
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      <description>Bid rigging in soil testing tenders was established on coordinated conduct such as cover bids, fake invoices, false experience documents, common IP addresses, linked login credentials, and consistent bidding patterns, with admissions supporting cartelisation. Conduct falling within Section 3(3) attracted a presumption of appreciable adverse effect on competition, and the material was sufficient to sustain the finding of contravention. Proprietors and directors were also held liable because they actively organised, directed, and facilitated the anti-competitive bidding and controlled the affairs of their enterprises. The penalty based on average turnover and income was sustained, as a nil tender-specific turnover approach would undermine deterrence in a deliberate bid-rigging case.</description>
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