2017-TIOLCORP-02-SC-CL
Excel Crop Care Ltd Vs CCI
Whether CCI can hold an enquiry u/s 3 of the Act in respect of tender of March, 2009 even though Section 3 came into force on 20th May, 2009 vide a notification - YES: SC
Whether CCI investigation can be conducted even in respect of those facts which are not contained in the complaint but which reveal agreements prohibited u /s 3 and having an appreciable adverse effect on competition - YES: SC
Whether it can be said that the appellants, being the only suppliers in the market for the product, have indulged in cartelization when it is proved that they had been quoting identical prices in all the tenders and had through concerted action boycotted one such tender - YES: SC
Whether conclusion of CCI that the appellants had entered into an agreement/arrangement and pursuant thereto indulged in collusive bidding by forming a cartel, resulting into contravention of Section 3 of the Act, is justified - YES : SC
Whether in case of multi product companies, penalty u/s 27(b) cannot be levied on the total turnover and must be restricted to “relevant turnover”, i.e., relating to the product in question - YES : SC
Appeal dismissed: SUPREME COURT OF INDIA