83. In view of the above discussion, the Commission directs the opposite parties to cease and desist from indulging in such anti-competitive practices which have been found to be anti-competitive in terms of the provisions of section 3 of the Act in the preceding paras of this order.

84. As regards penalty under section 27 of the Act, the Commission notes that such anti-competitive acts and conduct need to be penalized which could act as a deterrent in future for any other association/ office-bearers which/ who engages in such type of actions. The impugned act of the opposite parties, apart from contravening the provisions of section 3 of the Act, interfered with the freedom of trade, which the Commission is bound to ensure and sustain in the markets.

85. On the quantum of penalty, the Commission considers that severity of penalty should be proportionate to the severity of infraction. Thus, proportionality requires that the level of punishment should be scaled relative to the severity of violation. Here, it can be reiterated that CDAF is the apex body of chemists and druggists having full control over the stockists/ retailers of drugs and medicines in the district of Ferozepur.