Information

1. The present information was received by Competition Commission of India (CCI) (hereinafter referred to as the "Commission") from Jindal Steel & Power Limited (hereinafter referred to as "JSPL") on 16th October, 2009 under Section 19(1) of the Competition Act, 2002 (hereinafter referred to as "Act"). The information was filed against Steel Authority of India Ltd. (hereinafter referred to as "SAIL").

2. The information alleges abuse of dominant position by SAIL in violation of Section 4(1) of the Act. As per the information, SAIL has entered into an exclusive supply arrangement with Indian Railways (IR) through Memorandum of Understanding (MOU) dated 1.2.2003. It is alleged that the said MOU result in denial of market access to JSPL by foreclosing a substantial part of the relevant market. As per the information, the MOU contains exclusive supply obligations and results in refusal to deal which causes appreciable effect on competition in the relevant market in India in contravention of Section 3(4) of the Act.

3. As per the information, with nearly 96% market share, SAIL has a dominant position and substantial market share in the market for rails in India that are co