Matrix Info Systems Private Limited v. Intel Corporation & Other
Case brief
What is this about?
The Competition Commission addressed an information alleging bid rigging where two firms submitted identical rates in government tenders. The Commission held that price parallelism alone, without evidence of an agreement or concert, is insufficient to establish a prima facie case under the Act and closed the reference.
What did the court decide?
The reference filed under Section 19(1)(b) of the Competition Act, 2002, was closed as there was no prima facie case of contravention of Section 3 of the Act.
What the court decided
COMPETITION COMMISSION OF INDIA
Ref. Case No. 05 of 2019
In Re:
CP Cell, Directorate General Ordnance Service , Master General of Ordnance Service, CP Cell/OS Dte, Room No. 101, D-II Wing 1st Floor, Sena Bhawan, New Delhi-110001
Informant
And
M/s AVR Enterprises , Opposite Party No. 1 D-23, Panki Industrial Estate, Site No 1, Kanpur- 208022
M/s Shiva Industries, Opposite Party No. 2 C-26, Panki Industrial Estate, Site No. 1, Kanpur -208022
CORAM:
Mr. Ashok Kumar Gupta Chairperson
Ms. Sangeeta Verma Member
Issues for consideration
2 issues framed by the court
Whether identical bid rates quoted by firms in government tenders constitute a prima facie contravention of Section 3 of the Competition Act.
Whether price parallelism in the absence of evidence of agreement or concert among bidders suffices to launch an investigation.
Parties & counsel
- petitioner
CP Cell, Directorate General Ordnance Service
- respondent
M/s AVR Enterprises
- respondent
M/s Shiva Industries
Coram
Case details
As recorded by the court registry
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