Vipin Sanghi, J.

1. The petitioner-Union of India (UOI) through the Chairman, Railway Board, Ministry of Railways assails the order dated 03.05.2011 passed by the Competition Commission of India (Commission) in Case No. 64/2010, whereby the said Commission has rejected the petitioner's challenge to jurisdiction of the Commission to entertain the complaint on the basis of the information of respondent No. 2 under Section 19(1) of the Competition Act, 2002 (the Act). The Commission has rejected the stand of the petitioner that it is not an 'enterprise' within the definition of the said term as contained in Section 2(h) of the Act. The petitioner also raised an objection to the maintainability of proceedings before the Commission by contending that an arbitration agreement existed between respondent No. 2 and the petitioner and, consequently, the proceedings before the Commission could not proceed and were liable to be referred to arbitration under Section 8 of the Arbitration & Conciliation Act, 1996. This objection too has been rejected by the Commission.

2. Respondent No. 2 approached the Commission under Section 19(1) of the Act, complaining against the Ministry of Railway