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2017 Supreme(SC) 885

A.K.SIKRI, N.V.RAMANA
Excel Crop Care Limited – Appellant
Versus
Competition Commission of India – Respondent


Advocate Appeared:
N.K. Kaul, ASG, Vaibhav Gaggar, Arjun Krishnan, Saksham Dhingra, Sanyat Lodha, Ms. Neha Mishra, Ankur Singh, hiv Johar, A.K. Jha, Rohit K. Singh, Rajan Narain, Mohit Paul, Krishnan, Venugopal, Sr. Adv., Rahul Goel, Ms. Anu Monga, Neeraj Lalwani, Rishabh Arora, Nitish Sharma, Gaurav Ray, Rohit K. Singh, Ajit Pudussery, K. Vijayan, S.S. Haranka, Advocates.

JUDGMENT :

A.K. Sikri, J.

All these Civil Appeals arise out of the common judgment and order dated October 29, 2013 passed by the Competition Appellate Tribunal (for short, 'COMPAT'). These proceedings have their origin in the letter dated February 04, 2011 written by the Food Corporation of India (for short, 'FCI') to the Competition Commission of India (for short, 'CCI') complaining of an anti-competitive agreement purportedly arrived at between M/s. Excel Crop Care Limited, M/s. United Phosphorous Limited (for short, 'UPL'), M/s. Sandhya Organics Chemicals (P) Ltd. respectively (the appellants in CA Nos. 2480, 2874 and 2922 of 2014 and hereinafter referred to as the 'appellants') and Agrosynth Chemicals Limited, in relation to tenders issued by the FCI for Aluminium Phosphide Tablets (for short, 'APT') of 3 gms. between the years 2007 and 2009. The CCI entrusted the matter to the Director General (DG) for investigation, who submitted his report on October 14, 2011 giving his prima facie findings affirming the allegations of the FCI that the appellants had entered into an ant






























































































































































































































































































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