Open Access Users Association Vs.Tata Power Delhi Distribution Limited & othrs.
Case brief
What is this about?
The Competition Commission of India closed an information alleging abuse of dominant power by electricity distribution licensees. The Commission held that tariff determination is the exclusive domain of State Regulatory Commissions, rendering no competition issue relevant.
What did the court decide?
Information closed forthwith under Section 26(2) as no competition issue was involved.
What the court decided
COMPETITION COMMISSION OF INDIA Case No. 91 of 2014
In Re:
Open Access Users Association Through its Secretary
| At: A-49, Second Floor Sector-8, Dwarka |
|
|---|---|
| New Delhi-110077 | Informant |
| And | |
| 1. Tata Power Delhi Distribution Limited | |
| NDPL House, Hudson Lines, Kingsway Camp Delhi-110009 |
Opposite Party No. 1 |
| 2. BSES Rajdhani Power Limited | |
| BSES Bhawan, Nehru Place | |
| New Delhi-110019 |
Opposite Party No. 2 |
| 3. BSES Yamuna Power Limited | |
| Shakti Kiran Building, Karkardooma | |
| Delhi-110032 |
Opposite Party No. 3 |
| 4. Punjab State Power Corporation Limited PSEB Head Office, The Mall |
|
| Patiala-147001 |
Opposite Party No. 4 |
| 5. Uttar Haryana Bijli Vitran Nigam Limited | |
| Vidyut Sadan, Plot No.: C 16, Sector-6 | |
| Panchkula, Haryana |
Opposite Party No. 5 |
| 6. Dakshin Haryana Bijli Vitran Nigam Limited | |
| Vidyut Sadan, Vidyut Nagar | |
| Hisar-125005, Haryana |
Opposite Party No. 6 |
C. No. 91 of 2014
Issues for consideration
2 issues framed by the court
Whether the increase in Open Access charges by State Regulators amounts to abuse of dominant position under Section 4 of the Competition Act, 2002
Whether the functions of determining Open Access charges fall within the jurisdiction of the Competition Commission of India
Parties & counsel
- petitioner
Open Access Users Association
- respondent
Tata Power Delhi Distribution Limited
- respondent
BSES Rajdhani Power Limited
- respondent
BSES Yamuna Power Limited
- respondent
Punjab State Power Corporation Limited
- respondent
Case details
As recorded by the court registry
- Court
- CCI
- Decided on
- · September
- Case no.
- 91/2014
- Topic
- Banking and Recovery
Similar cases
Judgements on the same questions, provisions and authorities, from every court