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2017 Supreme(Del) 1105

G.ROHINI, JAYANT NATH
SOMI CONVEYOR BELTINGS LTD. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioners: Mr. T.S. Ramanathan, Adv.
For the Respondents: Mr. Ravi Prakash, CGSC with Ms. Rimali Batra, Adv., Mr. Sanjay Jain, ASG with Mr. Prashanto Chandra Sen, Mr. Prasenjit Sen, Mr. Shivanshu Singh and Mr. Udyan Verma, Mr. Vidur Mohan, Advs.

JUDGMENT :

G.ROHINI, J.

1. These two writ petitions have been filed with a common prayer to declare Regulation 35 and the proviso to Regulation 37(1) of the Competition Commission of India (General) Regulations, 2009 as well as Regulation 6 of the Competition Commission of India (Lesser Penalty) Regulations, 2009 as illegal and unconstitutional.

2. As could be seen from the material available on record, the Competition Commission of India (CCI) passed an order dated 06.11.2013 under Section 26(1) of the Competition Act, 2002 recording a prima facie opinion that the acts and conduct of the Opposite Parties (OP) mentioned therein is in contravention of Section 3 of the Act and thus directing the Director General (DG) to make an exhaustive investigation into the allegations. The petitioner No.1 in W.P.(C) No.1416/2016 i.e. Somi Conveyor Beltings Ltd. as well as the petitioner in W.P.(C) No.1969/2016 i.e. Premier Rubber Mills have been shown as OP-13 and OP-11 respectively. The allegation is that the Opposite Parties have been indulging in bid-rigging cartel in the market for Conveyor Belt Sector in India and indulged in exchange of the commercial and confidential price sensitive informat











































































































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