Prem Prakash v. Chairman, Quality Council of India
Case brief
What is this about?
The Competition Commission examined an information alleging abuse of dominant position by QCI/NABL in the laboratory accreditation market. It analyzed market power across proficiency testing, calibration, personnel qualifications, and pricing, concluding no prima facie case existed.
What did the court decide?
The information was closed under Section 26(2); no investigation directed.
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. 25 of 2020
In Re :
Prem Prakash Informant Proprietor, Venus Testing and Research Laboratory, Industrial Area, Khurai Road, Bina Distt. Sagar (M.P) - 470113
And
Chairman, Quality Council of India, Opposite Party 3rd floor, Institution of Engineers Building, Bahadur Shah Zafar Road, New Delhi-110002
CORAM:
Mr. Ashok Kumar Gupta Chairperson
Ms. Sangeeta Verma Member
Mr. Bhagwant Singh Bishnoi Member
Order under Section 26(2) of the Competition Act, 2002
Issues for consideration
3 issues framed by the court
Whether the conduct of QCI/NABL regarding mandatory proficiency testing, calibration, qualification criteria, and training amounts to an abuse of dominant position under Section 4 of the Act.
Whether QCI falls within the definition of an 'enterprise' under Section 2(h) of the Act.
Whether a prima facie case of contravention of Section 4 exists warranting an investigation.
Parties & counsel
- applicant
Prem Prakash
Coram
Ashok Kumar Gupta
Sangeeta Verma
Bhagwant Singh Bishnoi
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court