J U D G M E N T

(Hybrid Mode)

[Per: Ajai Das Mehrotra, Member (Technical)]

1.This appeal arises against the order dated 16th March, 2020 passed by the Competition Commission of India in Case No.62 of 2016 inter alia holding Appellant guilty of contravention of provisions engrafted under Section 4(2)(a)(ii), 4(2)(d) read with Section 4(1) of the Competition Act, with an amount of Rs.301.61 Crore(s) imposed as penalty. The Appellant has assailed the findings qua abuse of dominant position attributed to Appellant.

2. Another Competition Appeal (AT) No.11 of 2020 has been filed by the Textile Consumers Foundation against the same impugned order on the ground of inadequate penalty imposed on Grasim Industries.

3. It is submitted the following findings and directions have been given against the appellant in the impugned order viz.

i) the relevant market is the Market for supply of Viscose Staple Fibre (VSF) to spinners in India in which market the appellant enjoys the dominant position;

ii) the appellant charges unfair and discriminatory price for sale of VSF to its customers in contravention of Section 4(2)(a)(ii) read with Section 4(1) of the Act;

iii) the appellant has imposed supplementary o