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2017 Supreme(Del) 3929

VIBHU BAKHRU
GRASIM INDUSTRIES LIMITED – Appellant
Versus
COMPETITION COMMISSION OF INDIA – Respondent


Advocates Appeared:
For the Petitioner:Mr Gopal Subramanium, Senior Advocate with Ms Nisha Kaur Uberoi, Ms Soumya Kariharan, Ms Dinoo Muthappa, Ms Shravani Shekhar, Mr Saksham Dhingra, Mr Ankur Kashyap and Mr Vivek Kaja, Advocates.
For the Respondents:Mr Samar Bansal and Ms Shreya Singh, Advocates.

ORDER :

VIBHU BAKHRU, J.

CM APPL. 32346/2017

1. Exemption is allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 7842/2017 and CM Nos. 32345/2017 & 32347/2017

3. The petitioner has filed the present petition, inter alia, impugning three separate orders passed by Competition Commission of India (hereafter as “CCI”). The first order impugned in the present petition was passed on 10.11.2016, under Section 26 (1) of the Competition Act, 2002 (hereafter as “the Act”). By the said order dated 10.11.2016 the CCI expressed its prima facie view that the petitioner was imposing unfair and discriminatory pricing on the informant and other textile manufacturers and leveraging its dominant position in the relevant market of Viscose Staple Fibres (VSF) in the downstream market of textile products, in contravention of the provisions of Section 4 of the Act. The CCI further directed respondent no.2, the Director General (hereafter “the DG”) to investigate the matter under the provisions of Section 26 (1) of the Act. The said order is hereafter referred to as the impugned order dated 10.11.2016.

4. The second order impugned in this petition was passed by CCI on 27.07.20








































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