M/s C.C.L. Optoelectronics Pvt. Ltd. And M/s Bharat Sanchar Nigam Ltd.
Case brief
What is this about?
The Competition Commission examined allegations by M/s C.C.L. Optoelectronics Pvt. Ltd against M/s Bharat Sanchar Nigam Ltd regarding abuse of dominant position and unfair tender practices. The Commission found the OP did not hold a dominant position and the allegations related to procurement policy rather than competition law.
What did the court decide?
Application under Section 33 disposed of; matter closed under Section 26(2); no relief granted.
What the court decided
COMPETITION COMMISSION OF INDIA
Case No. 19 of 2025
In Re:
M/s C.C.L. Optoelectronics Pvt. Ltd . Informant Plot No. EL-38, MIDC Electronic Zone, Mahape, Navi Mumbai – 400710.
And
M/s Bharat Sanchar Nigam Ltd. Opposite Party BSNL Corporate Office, BSNL Bhawan, Janpath, New Delhi – 110001.
CORAM
Ms. Ravneet Kaur Chairperson
Mr. Anil Agrawal Member
Ms. Sweta Kakkad Member
Mr. Deepak Anurag Member
Order under Section 26(2) of the Competition Act, 2002
Issues for consideration
3 issues framed by the court
Whether the tender conditions imposed by M/s Bharat Sanchar Nigam Ltd. amount to an abuse of dominant position under Section 4 of the Competition Act, 2002.
Whether the disqualification of the Informant due to non-submission of past performance documents constitutes unfair trade practice.
Whether a prima facie case for relief under Section 33 of the Act is made out against the OP.
Parties & counsel
- other
M/s Bharat Sanchar Nigam Ltd.
Coram
Ravneet Kaur
Anil Agrawal
Sweta Kakkad
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