RAJEEV KHER, ANITA KAPUR
PREM PRAKASH – Appellant
Versus
COMPETITION COMMISSION OF INDIA – Respondent
ORDER :
1. Having failed to secure a prima facie decision from the Competition Commission of India (for short, the ‘Commission’) for directing the Director General (for short, the ‘DG’) under Section 26(1) of the Competition Act, 2002 (for short, the ‘Act’) to investigate upon his information on abuse of dominance by M/s Power Grid Corporation of India Limited (for short, the ‘Respondent No. 2/PGCIL’), the Appellant Shri Prem Prakash has preferred this appeal.
2. The Appellant is the proprietor of Venus Testing & Research Laboratory, Bina (M.P.). PGCIL is a public sector company engaged in transmission of Electricity throughout India. The Appellant filed an information dated 25.4.2016 before the Commission informing that PGCIL, in order to lay transmission lines gets transmission towers erected on foundations constructed by contractors selected through a process of tendering. In order to keep a check on the quality of construction the material used by contractors is tested by selected labs in accordance with established standards. The labs are also selected through a process of tendering. PGCIL mandates that only those labs would be selected who have accreditation with NABL (National
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