2018 (1) TMI 1756

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....een preferred by Competition Commission of India (hereinafter referred to as 'Commission') under Section 53O(2)(f) of the Competition Act against order and judgment dated 20.09.2017 passed by this Appellate Tribunal in TA(AT) (Competition) No. 31/2017. The aforesaid judgment was passed in view of a decision of COMPAT against the same very impugned order dated 28.07.2016 passed by the Commission, the relevant portion of which reads as under: ..... "6. Learned Counsel for the parties brought to our notice that the same very impugned order dated 28th July, 2016 passed by the Commission in Case No. 71 of 2013 was challenged by M/s Lupin Limited and two others before the COMPAT in Appeal No. 40 of 2016. The COMPAT by the judgme....

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....lants and respondents both sides will be governed by the decision of the Hon'ble Supreme Court, as may be rendered. No further decision is required to be rendered in this appeal." .... Learned Counsel appearing on behalf of the Commission submitted that by judgment dated 28th July, 2017 the Commission held that there was anti- competitive arrangement/understanding between M/s Lupin Ltd and Karnataka Chemists & Druggists Association. The Commission also observed that there was an anti-competitive arrangement/understanding between M/s Lupin Ltd and Karnataka Chemists & Druggists Association and some other parties. This Appellate Tribunal by judgment under review dated 20.09.2017 though noticed the finding of the COMPAT that anti-competi....