Oil Country Tubular Ltd. v. Maharashtra Seamless Limited
Case brief
What is this about?
The Competition Commission addressed the Informant's Information alleging contravention of Sections 3 and 4 due to refusal to deal. The Commission found the Informant lacked bona fide intent due to belated approach before the tender deadline, thus falsifying the claim of refusal to deal and denying market access. The Information was closed.
What did the court decide?
The Information was closed forthwith and parties were directed to be communicated accordingly under Section 26(2) of the Competition Act.
What the court decided
COMPETITION COMMISSION OF INDIA
Case No. 48 of 2018
In Re :
Oil Country Tubular Ltd. 9, Kanchanjunga, King Kothi Road Hyderabad-500001 Telangana, India Informant
And
Maharashtra Seamless Limited Pipe Nagar, Village Sukeli N. H.-17, B. K. G. Road Distt. Raigad Maharashtra – 402126
Opposite Party
CORAM
Mr. Ashok Kumar Gupta Chairperson
Mr. U. C. Nahta Member
Ms. Sangeeta Verma Member
Present:
Issues for consideration
3 issues framed by the court
Whether the applicant's claim that the opposite party refused to supply green pipes amounts to a denial of market access under Section 4 or 3 of the Act.
Whether the applicant's promptness in seeking supply of green pipes for the tender was sufficient to establish a reasonable cause for the opposite party's non-response.
Whether the domestic Steel Policy restriction on importing green pipes creates a monopoly situation for the opposite party regarding seamless casing pipes.
Parties & counsel
- applicant
Oil Country Tubular Ltd.
Coram
Ashok Kumar Gupta
U. C. Nahta
Sangeeta Verma
Case details
As recorded by the court registry
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