Mr. Ambalal v. Patel v Central Medical Service Society & Others
Case brief
What is this about?
The Competition Commission analyzed allegations of market dominance and abuse of buyer power by the Central Medical Service Society and RITES India Ltd.
What did the court decide?
The Commission found no case of contravention of Section 4 and allowed the Informant to approach relevant authorities for other alleged violations.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
COMPETITION COMMISSION OF INDIA
Case No. 02 of 2020
In Re:
Mr. Ambalal V. Patel Mahipat bunglow, Opp. 1 Amar Park Society Nizampura, Baroda-390002 Informant Gujarat And 1. Central Medical Service Society Vishwa Yuva Kendra, 2nd Floor, 6 Tinmurti Marg, Chanakya Puri Opposite Party No. 1 New Delhi 2. Anti TB Department Mr. K. S. Sachdeva, DDG, Room No. 243-A/523 ‘C’ Wing, Nirman Bhawan Opposite Party No. 2 New Delhi 3. RITES India Ltd. MSM Division, RITES Bhawan-II, 4th Floor, Plot No. 144, Sector-44, Gurgaon-122003 Opposite Party No. 3 Haryana
CORAM
Mr. Ashok Kumar Gupta Chairperson Ms. Sangeeta Verma Member
Mr. Bhagwant Singh Bishnoi Member
Case No. 02 of 2020
1
Order under Section 26(2) of the Competition Act, 2002
Issues for consideration
3 issues framed by the court
Whether the respondents constitute 'enterprises' under Section 2(h) of the Competition Act.
Whether the tender conditions requiring WHO pre-qualification certification violated Section 4 of the Competition Act.
Whether the relevant market for assessing dominance was correctly delineated for public procurement tenders.
Parties & counsel
- petitioner
Mr. Ambalal V. Patel
- respondent
Central Medical Service Society
- respondent
Anti TB Department
- respondent
RITES India Ltd.
Coram
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1 — this page
- Order 2
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