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G.S.SINGHVI, RAJEEV KHER
North East Petroleum Dealers Association Greater Guwahati Unit – Appellant
Versus
Competition Commission Of India – Respondent


Advocate Appeared:
For the Appellant :Mr. A.N. Haksar, Senior Advocate with Mr. Udayan Jain, Ms. Jayashree Singh, Mr. Smritishree Chakraborty and Ms. Anju Thomas, Advocates.
For the Respondent Nos. 3, 4, 5 and 7:Mr. Vivek Tankha, Senior Advocate with Mr. Varun Chopra, Ms. Tannishtha Singh and Mr. Amit Meharia, Mr. Rahul Singh, Advocate.

ORDER :

Mr. Justice G.S. Singhvi, Chairman-Whether the Competition Commission of India (for short, the ‘Commission’) is legally correct and justified in refusing to order an investigation into the alleged abuse of dominant position by Respondent Nos. 3 to 7, namely-Indian Oil Corporation Ltd., North East Integrated State Office (Indian Oil Corporation Ltd.), Guwahati Integrated Divisional Office (Indian Oil Corporation Ltd.), Hindustan Petroleum Corporation Ltd. and Bharat Petroleum Corporation Ltd. and acting in violation of Sections 3 and 4 of the Competition Act, 2002 (for short, the ‘Act’), is the question which arises for consideration in this appeal filed against order dated 11.2.2014 passed by the Commission under Section 26(2) of the Act.

2. The appellant is an Association of petroleum dealers, who are operating in Greater Guwahati region. Respondent Nos. 3 to 7 are public sector undertakings of the Government of India. They sell petrol, diesel and allied petroleum products through the retail outlets (petrol pumps), which are run by the dealers after entering into dealers

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