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2019 (12) TMI 16 - Commission - CustomsViolation of the provisions of Section 4 of Competition Act, 2002 - Anti competitive clauses - Appointment as State Trading Enterprise (STE) under Notification issued by DGFT - removal of the clauses in the SOP which are anti-competitive - direction to permit export of BSMs regardless of the Notification and the SOP, during pendency of the information - Commission notes that the Informant is mainly aggrieved by the policy of OP-1, which has brought exports of BSMs under STE regime, and allegedly onerous terms of SOP for exporters. HELD THAT:- The Commission observes that STEs deal with export/import of products in pursuance of government policies in relation to products/industries considered to have strategic importance. The Commission also notes that BSMs, inter alia, have space, defence and atomic applications and have also been specified as Atomic Minerals under the provisions of the MMDR Act and Prescribed Substances under the provisions of the Atomic Energy Act, 1962 - The Commission observes that the impugned allegations arise from the policy formulation by OP-1 regarding export of BSMs under the provisions of FTDR Act and FTP and implementation thereof by OP-3. Having looked into the nature of allegations raised by Informants the Commission is of the considered view that change in export policy by OP-1 in pursuance of its statutory duties and implementation thereof by OP-3 are not amenable for examination within the framework of Section 4 of the Act - the Commission is of the view that no case of contravention of the provisions of the Act is made out against OPs.
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