2017-TIOLCORP-10-CCI
Saurabh Tripathy And Great Eastern Energy Corporation Ltd
Whether penalty imposed on gas purchaser for failing to meet the minimum guaranteed off-take liability under the contract is abusive in nature, when production is based on the contracted quantity agreed with its customers on a long term basis - NO: CCI
Whether there is any discriminatory practice adopted by the gas supplier when it has entered into customized contract with different customers based on specific negotiation and deliberation - NO:CCI
Whether a contract is one-sided when its clauses cannot be amended by the dominant gas supplier without the concurrence of the buyer - NO: CCI
Whether the termination clause of a contract is abusive, when the contract contemplates three defined exit routes which have been duly negotiated before execution of the contract - NO: CCI
Whether mere charging differential prices by a dominant gas supplier is anti-competitive when pricing is a pure commercial decision and is based on several factors like different types of customers, quantity procured, transportation costs, etc - NO: CCI
Whether lack of uniformity in price itself can be a ground to hold discrimination unless the same is demonstrably shown to be a result of abuse treating similar set of customers differently - NO: CCI
- Order u/s 26(6) of the Act: COMPETITION COMMISSION OF INDIA
