Xyz (Confidential) And H.N.B. Garhwal University & Others
Case brief
What is this about?
The Competition Commission of India considered an information alleging anti-competitive practices by thirty-six educational institutions in book procurement. The Commission held that procurers have autonomy to set technical criteria and that no prima facie case was made out under Section 3 or 4 of the Competition Act, directing closure of the information.
What did the court decide?
Information filed against the opposite parties is directed to be closed forthwith. Confidentiality granted over the applicant's identity for three years.
What the court decided
COMPETITION COMMISSION OF INDIA
Case No. 13 of 2023
| In | Re: | |
|---|---|---|
| XY | Z (Confidential) | ...Informant |
| An | d | |
| **1. ** | H.N.B. Garhwal University, | ...Opposite Party No. 1 |
| Srinagar, Dist. Garhwal, Uttarakhand – 246 174. | ||
| **2. ** | Atal Bihari Vajpayee Vishwavidyalaya, Opp Koni Police Station, Bilaspur - Ratanpur Road, |
...Opposite Party No. 2 |
| Koni, Bilaspur, Chattisgarh – 495 009. | ||
| **3. ** | Indian Institute of Technology Ropar, Rupnagar, Punjab – 140 001. |
...Opposite Party No. 3 |
| **4. ** | Central University of Haryana, Jant-Pali Mahendergarh, Haryana – 123 031. |
...Opposite Party No. 4 |
| **5. ** | Central University of Punjab, Bhatinda, Punjab – 151 401. |
...Opposite Party No. 5 |
| **6. ** | Central University of Jharkhand, Cheri - Manatu, Ranchi – 835 222. |
...Opposite Party No. 6 |
| **7. ** | Bundelkhand University, Jhansi, Uttar Pradesh – 284 128. |
...Opposite Party No. 7 |
| **8. ** | Central University of Rajasthan, Kishangarh, Rajasthan – 305 817. |
...Opposite Party No. 8 |
| **9. ** | Utkal University, Bhubaneswar, Odisha – 751 004. |
...Opposite Party No. 9 |
Case No. 13 of 2023
Issues for consideration
2 issues framed by the court
Whether restrictive terms and conditions in university tender documents for book procurement constitute an appreciable adverse effect on competition under Section 3 of the Act.
Whether the universities possess dominance in the relevant market as required for an investigation under Section 4 of the Act.
Parties & counsel
- applicant
XYZ
Coram
Ravneet Kaur
Sangeeta Verma
Bhagwant Singh Bishnoi
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