carrying passengers and carrying specified goods in bogies like food grains, cement, steel, coal, ores etc. The economic activity of India Railways continued to be diverse, in nature. Carrying bulk goods like food grains steel, cement, coal, ore etc. constituted only a small part of its overall economic activity, major activity of Indian Railway is to carry passengers. As already noted, Indian Railways had been giving precedence to passenger trains over goods trains. The economic areas in which Indian Railway was active is altogether different from the activity of CONCOR. Although, Indian Railway is an enterprise like any other enterprise but the relevant market of Indian Railway and the market of CONCOR are altogether different markets and the DG could not have clubbed the total capital investment, revenue etc. of Indian Railway with CONCOR in order to determine the dominance of CONCOR. Only oranges can be compared with oranges and oranges cannot be compared with apples. DG was supposed to identify the relevant market in which the CONCOR was active and the market in which Indian Railways was active. Although, CONCOR is a subsidiary of Indian Railway and is a Govt. company in which President has majority share, but even if we consider that Indian Railway and CONCOR are owned by the same group that would not mean that entire revenue, capital investment and economic strength of Indian Railway was to be considered as a part of CONCOR in order to determine the dominance of CONCOR.
