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2013 (10) TMI 48 - AT - Indian LawsDoctrine of legitimate expectation - direction of purchase the air tickets from specified airlines only - Abuse of dominant position - it was averred that the Government had position of dominance and the same was being used only in favour of Balmer Lawrie & Co. and M/s. Ashok Travels & Tours Ltd. thereby depriving the other travel agents who were members of the informant/appellant's business. It was pointed out that because of the aforementioned office memorandum the Government officials would be compelled to purchase the tickets only through the aforementioned agencies and thereby there would be creation of monopoly in favour of these two agencies and thus the competition in that behalf would be adversely affected. Held that:- Insofar as the contention that the Government Memorandum was in the nature of anti-competitive agreement, the finding of the CCI is correct that the said Government Memorandum does not amount to an agreement. It is an internal administrative decision to deal with a particular agency in the matter of securing air tickets. In our opinion, it cannot come within the mischief of any of the sub-section of Section 3 of the Act. In fact no particular ticketing agency could claim any right in the matter of dealing with the Government. The Government like any other consumer has a right to deal with the agency that it likes. An administrative decision to avail of the services of Respondent Nos. 1 and 2 in the first place is not an agreement with Respondent Nos. 1 and 2 and secondly it is not a trading activity. It is also not distributing state largesse. At any rate, our task in this Tribunal would only be limited to decide as to whether the action on the part of the Government in passing the Government Memorandum is in contravention of any of the provisions of the Act. - decided against the appellants.
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