Mr. Bijay Poddar v. M/s Coal India Ltd. and its subsidiaries
Case brief
What is this about?
The Competition Commission examined an inquiry into alleged abuse of dominant position by Coal India Ltd under its Spot e-Auction Scheme. Viewing Coal India as a dominant player, the Commission flagged one-sided contractual terms beneficial to the company as a prima facie violation, directing the Director General to investigate within 60 days.
What did the court decide?
Directed the Director General to investigate the matter under Section 26(1) of the Act and submit a report within 60 days.
What the court decided
COMPETITION COMMISSION OF INDIA
(Case No. 59 of 2013)
In Re:
Mr. Bijay Poddar ... Informant
And
M/s Coal India Ltd and its subsidiaries ...Opposite Party
QUORAM:
Mr. Ashok Chawla Chairperson Dr. Geeta Gouri Member Mr. Anurag Goel Member Mr. M.L. Tayal Member Mr. Justice (Retd.) S.N. Dhingra Member Mr. S.L. Bunker Member
Present: Mr. Santosh Kumar, Advocate alongwith informant in person.
Order under Section 26(1) of the Competition Act, 2002
The present information was filed by against the Opposite Party [OP (OP includes M/s Coal India and its subsidiaries)] under the provisions of section 19(1) of the Competition Act 2002 (herein
Page 1 of 7
Issues for consideration
2 issues framed by the court
Whether the one-sided forfeiture terms in the Spot e-Auction Scheme constitute an abuse of dominant position under Section 4 of the Competition Act.
Whether the relevant product and geographic market should be defined as the sale of coal through e-auction route in India.
Parties & counsel
- applicant
Mr. Bijay Poddar
Coram
Ashok Chawla
Geeta Gouri
Anurag Goel
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1 — this page
- Order 2
Similar cases
Judgements on the same questions, provisions and authorities, from every court