2025 (10) TMI 275

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....ngh, Ms Parkhi Singh, Ms Sunaina Dutta, Joint Secretary, CCI for R4, Advocates. Mr Balaji Subramaniaum, Ms Aayushi Sharma, Mr Akash Kundu, for R3, Advocates. JUDGEMENT JUSTICE YOGESH KHANNA, MEMBER (JUDICIAL) This appeal is filed by the appellant against an impugned order dated 25.07.2019 passed by Competition Commission of India, New Delhi in Case No.19/2019. 2. Before we examine the legality of the order it would be appropriate to state the facts as narrated in the impugned order, as under:- a) The present Information has been filed by Beach Mineral Producers Association ('Informant-1') and Mr. V. Velmurugan ('Informant-2') under Section 19(1)(a) of the Competition Act, 2002 (the 'Act') against Directorate General ....

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....hat five coastal states, namely, Tamil Nadu, Kerala, Andhra Pradesh, Odisha and Maharashtra have beach sand deposits available on various beaches. Beach sand deposits, also called as placer deposits, contain associated BSMs such as ilmenite, rutile, garnet, monazite, zircon, sillimanite and leucoxene. BSMs have multiple uses, such as sand blasting, creating welding flux, manufacture of refractories, extracting rare earth components, atomic power etc. As per the information, Garnet is used for manufacture of abrasives and as an essential ingredient in sand blasting. Rutile and Leucoxene are utilised for creating welding flux. Zircon is used as a pigment for ceramics, refractories and abrasives. Sillimanite is used in manufacture of refractor....

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....ncreased tremendously with the entry of private players and exports soared from around Rs. 35 crore in 1997-98 to around Rs. 4000 crore in 2017-18 which compelled OP-3 to start joint ventures with international players from Australia and Japan etc. h). it is averred that after around two decades of gradual liberalisation of the sector, vide notification dated 21.08.2018 issued by OP-1 under the provisions of Section 3 of the Foreign Trade (Development and Regulation) Act, 1992 (FTDR Act) read with paragraphs 1.02 and 2.01 of FTP for the period 2015- 20 (Notification), export of BSMs was brought under State Trading Enterprise (STE) and consequently, OP-3 was designated as the canalising agent/ STE for export of all BSMs which places....

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....ons of Section 26(2) of the Act. 4. We have heard the learned counsels for both the parties. Firstly we find the notification does not stop the appellants to do business with foreign buyers but only says such exports need to be channelized through Respondent No.3, in view of material being related to the 1st Schedule of Mines and Minerals (Development and Regulation) Act, 1957 and Prescribed Substances under the Atomic Energy Act, 1962. Secondly we find the provisions of Section 4 of the Act shall not be applicable in the present case. Section 4 of the CCI Act is as under:- 4. (1) No enterprise or group shall abuse its dominant position. (2) xxxx 5. A bare perusal of sub-section(1) of Section 4 would show it relates ....