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2021 Supreme(Mad) 2638

S.M.SUBRAMANIAM
Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Chennai – Appellant
Versus
Competition Commission of India, Hindustan Times House, New Delhi – Respondent


Advocate Appeared:
For the Petitioner:J. Ravindran, Additional Advocate General Assisted by L. Jai Venkatesh, Advocate.
For the Respondents:R1 & R2, N. Venkata Raman, Additional Solicitor General of India Assisted by P. Mahaadevan, R3, H. Karthik Seshadri, Iyer, Thomas, Advocates.

JUDGMENT :-

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the Impugned Order dated 8.10.2013 of Case No.38 of 2013 on the file of the 1st respondent and to the consequent letter dated 3.12.2013 on the file of the 2nd respondent and quash the same.)

1. The impugned order dated 08.10.2013 of Case No.38 of 2013 and the consequential notice dated 03.12.2013 on the file of the second respondent are under challenge in the present writ petition.

2. The Competition Commission of India on receipt of complaint from the third respondent / Southern India Engineering Manufacturers' Association, found that it is evident prima facie Opposite Party was abusing its dominant position by imposing discriminatory conditions in the sale of electricity in the relevant market within the meaning of section 4 (2) (a) (i) of the Competition Act, 2002. Thus, the Competition Commission of India formed an opinion that it is a fit case for Director General investigation. The Director General has to investigate the matter for violation of any / all provisions of the Competition At and the said proceedings of initiation

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