JUDGEMENT

(22nd August, 2024)

INDEVAR PANDEY, MEMBER (TECHNICAL)

This appeal arises out of final order and judgment passed by the Competition Commission of India (Commission) on 04.04.2022 under Section 27 of the Competition Act, 2002 (hereinafter called the Act,) wherein the Commission held that the appellants had contravened Sections 3 (3) (c) and 3 (3) (d) r/w Section 3 (1) of the Act. The appeal has been filed under Section 53 (b) of the Act challenging the impugned order of the Commission.

Brief facts of the case

2. The Commission received a general complaint dated 07.08.2018 alleging bid-rigging in tenders invited by the Department of Agriculture, Government of Uttar Pradesh for soil sample testing. The complaint pertains to alleged bid-rigging in respect of two e-tenders namely, Tender 2018_AGRUP_210583_1 (Moradabad) dated 31.05.2018 (“Tender No. 1”) and Tender 2018_AGRUP_212591_1 (Bareilly) dated 18.06.2018 (‘Tender No. 2”), invited for the soil sample testing by the Department of Agriculture, Government of Uttar Pradesh.

3. It was stated in the complaint that the following parties participated in the aforesaid two tenders of soil testing in Uttar Pradesh:

(i) M/s Yash Solutions

(i