V.K. JAIN, J.

An Information was received by the Competition Commission of India (hereinafter referred to as the ‘Commission’) that the manufacturers of Man Made Fibres (for short ‘MMF’) i.e. Polyester Staple Fibre (PSF), Acrylic Staple Fibre (ASF), Viscose Staple Fibre (VSF) & Nylon Staple Fibre (NSF) had imposed several restrictions on Indian Textile Industry, which are their customers for purchase of MMF, and such restrictions constitute anti-competitive actions. The Commission, vide order dated 22.6.2011, on consideration of the information submitted by the informant, formed a prima facie opinion that there existed a case to direct the Director General to cause an investigation into the matter. The Director General was accordingly instructed to conduct an investigation into the matter. The allegations against MMF manufacturers, who were alleged to be contravening the provisions of Section 3(3)(a)(b)(c) of the Competition Act, 2002 (hereinafter referred to as the ‘Act’) in a nutshell were as follows:

(a) Price fixation of MMF products in the domestic markets;

(b) The domestic manufacturer of MMF basing their price on import landed cost;

(c) Selling cheaper in overseas mark