2017-TIOLCORP-NEWS-208| Monday, October 23, 2017

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COMPETITION LAWS
  2017-TIOLCORP-49-CCI

Delhi Jal Board And Grasim Industries Ltd

Whether two or more entities of the same group, separately bidding in the same tender, should represent themselves as independent decision making centers and independent options for procurement - YES: CCI

Whether therefore, any argument to the effect that bids are separate but the prices are decided by the same person, without the knowledge of the procurer, could not be used to escape the provisions of law and hence, amounts to manipulating the price discovery process of public procurement - YES: CCI

Whether though supply of PAC was not disrupted or stopped by the bidders, still there is an appreciable adverse effect on competition - YES: CCI

Whether bids quoted pursuant to a collusive action by the bidders, cannot ascertain the most competitive price and thus, causes loss to the public exchequer - YES: CCI

- Order passed u/s 27: CCI

 
IP LAWS

 

2017-TIOLCORP-107-HC-DEL-IPR

Central Park Estates Pvt Ltd Vs Keystone Realtors Pvt Ltd

Whether bona fide prior use and adoption of the mark "Rustomjee Central Park", which had continued without challenge and objection even after knowledge of the proprietor of the mark 'Central Park', amounts to infringement - NO: HC

Whether any injunction order would necessarily result in change or amendment of the postal address and would also effect rights of the residents and purchasers of the residential buildings, therefore, refusal to grant interim injunction is justified to balances out equities - YES: HC

- Appeal Dismissed: DELHI HIGH COURT

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