Xyz (Confidential) v. Continental Milkose India Limited
Case brief
What is this about?
The Competition Commission disposed of an inquiry alleging bid rigging and cartelisation involving Continental Milkose India Limited and others. Finding that common ownership alone is insufficient to prove collusion without material indicating a meeting of minds, the Commission held that no prima facie case existed and closed the matter.
What did the court decide?
No relief granted; the matter was closed forthwith as no prima facie case of contravention was found.
What the court decided
COMPETITION COMMISSION OF INDIA
Case No. 25 of 2021
In Re:
XYZ (Confidential) Informant And Continental Milkose India Limited Opposite Party K 185/2, 1st Floor, Surya Plaza Building, Sarai Julena, New Friends Colony, New Delhi - 110025
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
- The present Information has been filed by the Informant under Section 19(l)(a) of the Competition Act, 2002 (hereinafter, the “ Act ”) against Continental Milkose India Limited (hereinafter, the “ Opposite Party” ) alleging contravention of the relevant provisions of Sections 3 and 4 of the Act. Though specifically not named as an Opposite Party in the Information, the allegations have also been made against M/s KAG Industries/ M/s KAG Enterprises and Imperial Malts Limited.
Case No. 25 of 2021
Issues for consideration
1 issue framed by the court
Whether mere common ownership or common directors between bidders constitute a prima facie case of bid rigging under Section 3 of the Competition Act, 2002.
Parties & counsel
- applicant
XYZ (Confidential) Informant
Coram
Ashok Kumar Gupta
Sangeeta Verma
Bhagwant Singh Bishnoi
Case details
As recorded by the court registry
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