M/s Santuka Associates Pvt. Ltd. v. All India Organization of Chemists and Druggists and Ors.
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COMPETITION COMMISSION OF INDIA
Case No. 20/2011 Date: 19.02.2013
Informant : Santuka Associates Pvt.Ltd., Cuttack
Opposite Party : 1. All India Organization of Chemicsts & Druggists (OP1)
- Organization of Pharmaceutical Producer of India
- Indian Drug Manufacturers‘ Association
- USV Ltd., Mumbai.
Per Justice S.N. Dhingra, Member
ORDER
I had the benefit of going through the order passed by my learned colleagues. However, as in case No.C-127/2009/MRTPC (Varca Drugs & Chemists & Ors. against Chemists & Druggist Association Goa (CDAG)) decided on 11.06.2012, I had different opinion on certain issues and position of law; hence this order.
The facts of the case have been brought out elaborately in the majority order and thus are not being repeated unless required in the context. The Opposite Party in an association of Chemists & Druggists. The association is a registered and recognized society under the Society Registration Act. The membership of OP1 is now open only to state Chemists & Druggists Associations which can either become an ordinary or an associate member. The stated object of OP1 is to promote and protect the interest of drug trade industry and allied lines in India. The investigation done by DG and a perusal of Memoranduim of Association brings out following practices of OP1 :-
Parties & counsel
- other
Competition Commission of India
- petitioner
Santuka Associates Pvt.Ltd.
- respondent
All India Organization of Chemists & Druggists
- respondent
Organization of Pharmaceutical Producer of India
- respondent
Indian Drug Manufacturers Association
- respondent
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