JUDGMENT

Dalveer Bhandari, J.—

1. This appeal is directed against the judgment/order dated 12.10.2000 passed by the Monopolies and Restrictive Trade Practices Commission (hereinafter referred to as “the Commission”) in R.T.P. Enquiry No. 204 of 1988.

2. Brief facts which are necessary to dispose of this appeal are as under:

A Notice of Enquiry under section 10 (a)(iv) and Section 37 of the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as the ‘MRTP Act’) was issued to the appellants wherein it was alleged that the appellants had indulged in restrictive trade practice within the meaning of Section 2(o)(ii) and section 33(1)(b) and of the MRTP Act.

3. In order to comprehend the controversy involved in this case properly, sections 2(o)(ii) and 33 (1)(b) of the MRTP Act are reproduced as under:

“2. In this Act, unless the context otherwise requires -

xxx xxx xxx

xxx xxx xxx

(o) “restrictive trade practice” means a trade practice which has, or may have, the effect of preventing, distorting or restricting competition in any manner and in particular,-

(i) .................

(ii) which tends to bring about manipulation of prices, or conditions of deli