Kerala HC: Revisional Power U/S 263 Not Invocable When AO Grants Sec 32AC Deduction After Inquiry  ||  J&K&L HC: Section 359 BNSS Doesn’t Limit High Court’s Inherent Power U/S 528 to Quash FIRs  ||  Bombay HC: BMC Ban on Footpath Cooking via Gas/Grill Doesn’t Apply to Vendors Using Induction  ||  Madras HC: Buyer Not Liable for Seller’s Tax Default; Purchase Tax Can’t Be Imposed under TNGST Act  ||  Kerala HC: Oral Allegations Alone Insufficient to Sustain Bribery Charges Against Ministers  ||  Delhi HC: CCI Cannot Levy Interest Retrospectively Before Valid Service of Demand Notice  ||  Delhi HC: VC Rules Don’t Shield PMLA Accused From Physically Appearing Before ED in Probe  ||  SC: If Complaint Reveals Cognizable Offence, Magistrate May Order FIR Registration U/S .156(3) CrPC  ||  SC: Private Buses Can’t Operate on Inter-State Routes Overlapping Notified State Transport Routes  ||  Delhi HC: Writ Petition Not Maintainable Against Provisional Attachment When PMLA Remedy Exists    

P.E.C. Usha Furniture v. Military Engineer Services, Officials working under CE (Navy) - (Competition Commission of India) (28 Jun 2016)

Cannot interfere in free choice of buyer: CCI

MRTP/ Competition Laws

The Competition Commission of India dismissed a complaint against a defence procuring department for ‘bid-rigging’, stating that the Commission “does not interfere into exercise of free choice by a buyer, unless that choice is resulting into anti-competitive effects.”

The complainant in the instant case, a furniture dealer, claimed it was registered as a Class C contractor with CE (Navy) at Vishakhapatnam. It alleged irregularities by the defence department in tender floating procedures: improper notice, restricting eligible bidders and colluding with a select group of bidders.

The Commission was dismissive of the complaint given the lack of evidence that either of the parties to have been favoured in the bidding process was in a dominant position. The dearth of evidence against the actions of the Military Engineer Services led to terming the information provided as “very general” and allegations against defence establishments indulging in bid rigging were unsubstantiated.

The Commission concluded by reiterating that in instances where a few suppliers were chosen or shortlisted over others, the practice could not be claimed to be anti-competitive. In fact, interfering in the process of choosing seller would be tantamount to interfering with the free choice of the buyer.

Tags : DEFENCE   PROCUREMENT   FURNITURE   SUPPLIER   BID-RIGGING  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved