In Re: Tata Power Delhi Distribution Limited v. NTPC Limited
Case brief
What is this about?
The Competition Commission examined an information alleging NTPC abused its dominant position through restrictive Power Purchase Agreements (PPAs) lacking exit clauses and creating market barriers. The Commission found no prima facie case of contravention of Sections 3 or 4, noting PPAs were negotiated, investment rationalizes long terms, and regulators handle tariff disputes.
What the court decided
COMPETITION COMMISSION OF INDIA
Case No. 20 of 2017
In re:
Tata Power Delhi Distribution Limited NDPL House, Grid-station Building,
Hudson Lines, Kingsway Camp,
Delhi - 110009
Informant
And
NTPC Limited NTPC Bhawan, Scope Complex, 7 Institutional Area, Lodhi Road, New Delhi - 110003 Opposite Party
CORAM
Mr. Devender Kumar Sikri Chairperson
Mr. S. L. Bunker Member
Issues for consideration
3 issues framed by the court
Whether the privatisation Power Purchase Agreements (PPAs) and long-term contracts between NTPC and distribution companies amount to abuse of dominant position under the Competition Act, 2002.
Whether the lack of exit clauses and delays in commissioning plants by NTPC constitute anti-competitive practices.
Whether the allegations regarding tariff fixation and market foreclosure fall within the exclusive regulatory jurisdiction of the sectoral regulator under the Electricity Act, 2003.
Coram
Devender Kumar Sikri
S. L. Bunker
Sudhir Mital
U. C. Nahta
G. P. Mittal
Case details
As recorded by the court registry
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