2020 (11) TMI 625

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....on 53 B of the Competition Act, 2002 against impugned Order of Respondent No. 1/Competition Commission of India dated 26th August, 2020 passed under Section 26 (2) of the Competition Act, 2002 in Case No. 14 of 2020. The Appellant claims that the Appellant/M/s. Sowil Ltd. is a Public Limited Company. Respondent No. 2/Hexagon Geosystems India Pvt. Ltd. is a Pvt. Ltd. Company. It is classified as subsidiary of Foreign Company based in Sweden. Ministry of Railways Research Designs & Standards Organisation (RDSO) invited bids for tender released on 26th June, 2019 for the 'Project of monitoring health of ballast bed with the help of GPR Technology for Through Ballast Renewal ('TBR') and formation rehabilitation on Indian Railways'. The Appellan....

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....and ordered to close the information. 3. The Learned Counsel for the Appellant is submitting that Respondent No. 1 erred in not getting investigation done from Director General and thus the present Appeal was required to be filed. 4. We have heard the Learned Counsel and gone through the record. 5. In Paragraph 26 of the Order of CCI, the observation is as under: "Having examined the material available on record, the Commission notes that the Informant has not defined or suggested any relevant market. In the considered opinion of the Commission, it is neither necessary nor feasible to delineate the relevant market in the absence of requisite data on record particularly in light of the market construct emerging out of RDSO'....