ORDER :

Mr. Justice G.S. Singhvi, Chairman-Having enjoyed the benefits flowing from the agreements entered with Respondent Nos. 1 to 3 appointing it as exclusive importer and distributor of their products and finding that they will not extend the term of appointment beyond 31.3.2013, the appellant filed information under Section 19(1)(a) of the Competition Act, 2002 (for short, ‘the Act’) alleging abuse of dominant position by Respondent Nos. 1 to 3, but could not convince the Competition Commission of India (for short, ‘the Commission’) to order an investigation into the alleged violation of Section 4(2)(a)(ii) of the Act and to restrain them from selling their products in the Indian market and also pay compensation/costs to the tune of 23,72,297.30 pounds, the appellant has filed this appeal under Section 53B of the Act.

2. Respondent Nos. 1 to 3 belong to William Grant & Sons group of companies. They are engaged in the production, sale, marketing and distribution of various kinds of spirits including single malt whisky throughout the world. On 16.11.2005, Respondent No. 3 appointed the appellant as authorized importer and distributor in India except the States of Maharashtra, Goa