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RAJEEV KHER, ANITA KAPUR
COAL INDIA LIMITED, WEST BENGAL – Appellant
Versus
COMPETITION COMMISSION OF INDIA NEW DELHI – Respondent


Counsel for the Parties:
Shri Rajshekhar Rao, Shri Yaman Verma, Shri Prateek Bhattacharya and Ms. Gauri Puri, Advocates, for the Appellant; Shri Pallav Shishodia, Senior Advocate assisted by Shri Rishad A. Chowdhury and Ms. Asiya Khan, Advocates, Shri Ananda Ojha, Joint Director (Law), for the Respondent (Competition Commission of India); Shri Sagar Bandyopadhyay and Shri Chand Kureshi, Advocates, for the Respondent No. 2

ORDER

1. This appeal is directed against the order dated 27th October, 2014 passed by the Competition Commission of India (hereinafter referred to as, 'the Commission') under Section 27 of the Competition Act, 2002 (for short, 'the Act'). The Commission held that the Appellant, Coal India Limited (CIL), through its subsidiaries, operating independently of market forces and enjoying undisputed dominance in the relevant market of sale of non-coking coal under the Spot e- Auction Scheme (for short, 'the Scheme') in India, imposed unfair conditions upon the bidders under the Scheme. The Commission, accordingly held the Appellant and its subsidiaries to be in contravention of the provisions of Section 4(2)(a)(i) of the Act. Further, the Commission directed the Appellant to cease and desist from indulging in the conduct found to be in contravention of the provisions of the Act and also directed that the terms and conditions of the Scheme be modified in the light of the findings recorded in the impugned order.

2. The Appellant, CIL, is a public limited company incorporated under the Companies

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