Ashokbhai M. Mehta v. Gujarat State Board of School Textbook
Case brief
What is this about?
The Competition Commission closed an information alleging abuse of dominant position and cartelization by the Gujarat State Board of School Textbook. The Commission held no prima facie case as the alleged market foreclosure was unfounded and tender conditions were justified.
What did the court decide?
No relief granted; information closed forthwith under Section 26(2) of the Act; interim relief application dismissed.
What the court decided
COMPETITION COMMISSION OF INDIA
Case No. 04 of 2019
In Re:
Ashokbhai M. Mehta 1042, Jivan Pole, Sankadi Sheri, Raipur, Ahmedabad – 380001 Gujarat
Informant
And
Gujarat State Board of School Textbook Sector 10/A, Gandhinagar Gujarat - 382010 Opposite Party
CORAM
Mr. Ashok Kumar Gupta Chairperson
Mr. U.C. Nahta Member
Ms. Sangeeta Verma Member
Order under Section 26(2) of the Competition Act, 2002
Issues for consideration
3 issues framed by the court
Whether allegations of abuse of dominant position and cartelization by the respondent are established to sustain a case under the Competition Act, 2002.
Whether the respondent's tender terms and contract termination constitute abuse of dominant position or unfair competition.
Whether a prima facie case exists to award interim relief or direct investigation into the alleged anti-competitive practices.
Parties & counsel
- petitioner
Ashokbhai M. Mehta
- respondent
Gujarat State Board of School Textbook
Coram
Ashok Kumar Gupta
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