Home Case Index All Cases Indian Laws Indian Laws + AT Indian Laws - 2013 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (2) TMI 867 - COMPETITION APPELLATE TRIBUNAL, NEW DELHIManipulation of bidding process in contravention of provision of Section 3(3)(d) - Engagement in cartelization and bid rigging - nascent stage of competition jurisdiction would be one of the factors to be taken into consideration while inflicting penalties - process of bid rigging in the matter of supply and installation, testing and commissioning of Modular Operation Theatre (MOT for short) and Medical Gases Manifold System (MGMS) at Sports Injury Centre (SIC hereinafter), Safdarjung Hospital, New Delhi. Held that:- This was a contract for building a Operation Theatre for the Sports Injury Centre (SIC) which subject itself is relatively new. This Sports Injury Centre was to be created before the Commonwealth Games. The said games were to be held in India in the year 2010. The MDD seems to have completed this exercise within time and at least there is no evidence to suggest that the said Operation Theatre has not worked well. The Commonwealth Games were undoubtedly a matter of national importance and prestige. Some credit has to be given to MDD for this purpose. We would, therefore, bring down the penalty of MDD to 3%. In that view, showing due consideration to all the other factors, and to maintain the parity between the parties, we would bring down the penalty from 5% of the average turnover of last three years to 3% of the average turnover of last three years even in case of PES and MPS also. Calculated in that light, the penalty would be as per the following table:- We, therefore, inflict the penalty as shown in the table. The penalties imposed by the CCI in the impugned order dated 16.04.2012 shall stand modified to that extent. The three enterprises on whom the penalties have been imposed are directed to deposit the amount of penalties within 90 days of the receipt of this order.
|