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SANDEEP MEHTA, SUSMITA PHUKAN KHAUND
Dalmia Cement (Bharat) Ltd. – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
(S.P. Khaund, J)
1. This intra-court writ appeal is preferred against the judgment and final order dated 28.06.2023 passed by the learned Single Judge in connection with Writ Petition (Civil) 76/2022. The appellant in this case is Dalmia Cement (Bharat) Limited. The Union of India [Ministry of Corporate Affairs], the Competition Commission of India, Director General of Competition Commission of India and Oil & Natural Gas Corporation Limited [ONGC for short] are arrayed as Respondent Nos. 1, 2, 3 and 4 respectively, and will hereinafter also be referred to as respondent Nos. 1, 2, 3 and 4, for brevity.
2. Brief facts of this case are that an information u/s 19[1][a] of the Competition Commission Act, 2002 (the Competition Act for short) was filed before the respondent No. 2 by the respondent No. 4 [ONGC] on 31.07.2020 alleging cartelisation during the bidding process of four tenders floated by ONGC for the purchase of Oil Well Cement [hereinafter referred to as OWC] in the years 2013, 2015, 2017 and 2018. The aforesaid information was registered and numbered as Case No. 35/2020 against Shree Digvijay Cement Co. Ltd, Dalmia Cement Bharat Ltd (appellant herein) and India Ceme
The court established that a prima facie case of cartelisation can be inferred from parallel pricing among a limited number of suppliers, and that the CCI has the authority to initiate investigations....
The Competition Commission of India must establish a prima facie case before ordering an investigation; failure to do so renders its orders void.
The judgment establishes that the CCI must have a principled prima facie basis to initiate an investigation under the Competition Act, failing which such directives lack jurisdiction and can be quash....
Receipt of incriminating cartel emails without protest constitutes tacit participation; Section 48 penalties on individuals' income mirror firm turnover proportion under Section 27; Section 3(3) cart....
An order under Section 26(1) of the Competition Act is administrative, only initiating an investigation without affecting parties' rights.
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