S.MURALIDHAR, TALWANT SINGH
Competition Commission of India – Appellant
Versus
Grasim Industries Ltd. – Respondent
JUDGMENT :
S. Muralidhar, J.
Introduction
1.1 The Competition Commission of India ("CCI") has filed this appeal against the impugned judgment dated 17th December, 2013 passed by the learned Single Judge disposing of W.P. (C) No. 4159/2013 filed by the Respondent Grasim Industries Limited ("GIL").
1.2 In the said writ petition, GIL had questioned an order dated 30th May, 2013 passed by the CCI, dismissing GIL's application, seeking the quashing of a report dated 26th February 2013, submitted by the Director General ("DG") of the CCI, stating that GIL had abused its dominant position in terms of Section 4 of the Competition Act, 2002 ("Act").
1.3 The learned Single Judge has, in the impugned judgment, held that inasmuch as the direction issued by the CCI to the DG was to investigate violations of Section 3(3) (a), (b) and (c) of the Act, pertaining to anti-competitive agreements, by manufacturers of Man Made Fibre ("MMF") including GIL, the DG could not have investigated into any violation by GIL of Section 4 of the Act which pertained to abuse of dominant position. The learned Single Judge clarified that CCI would be entitled to treat the aforesaid part of the report of the DG as "inform
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