TMI Blog2014 (3) TMI 445X X X X Extracts X X X X X X X X Extracts X X X X ..... d have tried to enforce their decision regarding sale of drugs on MRP by activating Vigilance and Zonal Committees in the various Districts and Zones of Kolkata - Thus, the contention raised by BCDA that it has not taken any measures against those members who offered medicines at discounts does not appear to hold any trace of truth in it and is bound to be rejected. BCDA has not brought on record any evidence to suggest that the business of significant number of retailers was seriously affected by heavy discounts being offered by big retailers leading to closure of their business which compelled it to pass such resolutions - Even assuming without conceding that the argument put forth by BCDA is based on true facts/actual state of affairs, no such practice or decision which contravenes the law of the land in force can be allowed to continue - irrespective of the provision under which notice was issued, nonetheless an opportunity was given to Shri Tushar Chakraborty to meaningfully respond to the observations of the Commission – thus, there was no violation of principles of natural justice. The Commission holds that the BCDA and its District and Zonal Committees were engaged in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Competition Commission of India (hereinafter referred to as the Commission‟) was drawn to the alleged anti-competitive practices adopted by the Bengal Chemist and Druggists Association (hereinafter referred to as BCDA‟). It was alleged that BCDA is engaged in anti-competitive practice of directly or indirectly determining the sale price of drugs and controlling the supply of drugs in a concerted manner in violation of Section 3(3)(a) and 3(3)(b) of the Competition Act, 2002 (the Act). 3. Based on the information received from Shri Singh and other relevant information available in the public domain, the Commission decided to undertake a suo moto enquiry into the matter under section 19(1) of the Act. 4. It was stated that BCDA is an association of wholesalers and retail sellers of drugs and is affiliated to All India Organization of Chemist and Druggist (hereinafter referred to as AIOCD). It is registered as company under section 25 of the Companies Act 1956. It has approximately 34000 members who are engaged in wholesale and retail sale of drugs in the state of West Bengal. It was alleged by the Informant that the BCDA‟s executive committee directed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0.2012. From the investigation report submitted by the joint team, it transpired that out of six shops inspected, three shops displayed No Discount pamphlet in their shop premises as per the direction/circular of BCDA. The team also interviewed few customers present at the shop and some of them verbally admitted the fact that they used to get discount on the price of medicines purchased prior to the aforesaid No Discount circular/notice. The team also inspected three medical shops on 08.11.2012 in Howrah and Kolkata and also found leaflets mentioning No Discount displayed in the shops there. 8. In view of the aforesaid facts and circumstances, the Director submitted that BCDA has contravened the provisions of Section 3(1), Section 4(1) and Section 4(2) of the Act relating to anti-competitive agreements and abuse of dominant position respectively. Directions to the DG 9. The Commission after considering the entire material available on record vide its order dated 11.10.2012 passed in Suo moto Case No. 02 of 2012 directed the Director General (DG) to cause an investigation to be made into the matter and to submit a report. 10. A similar order was passed by the Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act. Further, when sale of drugs is determined to take place only at MRP, on account of agreement entered into amongst the members of the BCDA, then such a trade practice causes or is likely to cause an appreciable adverse effect on competition, especially when almost all the retailers and wholesalers are members of BCDA. 14. The DG found that BCDA and its affiliated District/Zonal Committees have taken concerted action against retailers offering discounts, by launching organizational movements, threatening them with dire consequences, picketing their shops, collecting fines from them, forcing them to shut their shops, directing their wholesale members not to make supplies and not to cooperate with such retailers. The DG concluded that the above said conduct has resulted or is likely to result in controlling and or limiting supply of medicines and the market of provision of drugs, which contravene the provisions of Section 3(3)(b) of the Act. 15. On another aspect, the DG observed that the concerted activities of BCDA and its affiliated District/ Zonal Committees in enforcing the sale of drugs on MRP have not only adversely affected the interests of retailers, who have bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its replies/objections to the main investigation report as well as to the supplementary investigation report of the DG besides making oral submissions. The parties have also filed written submissions. Replies/ Objections/ Submissions of BCDA to the Main Investigation Report 21. After providing brief information about the organization, structure of, and welfare activities undertaken by, BCDA in its reply, submitted that the DG has violated principles of natural justice by not providing copy of the complaint of the Director and documents/affidavits furnished by certain persons, upon which the DG has relied, thereby disabling BCDA to cross-examine such persons to test their veracity apart from denying any opportunity for rebutting the allegations. 22. It is contended by BCDA that the prices of scheduled drugs are fixed under the DPCO order by the government and for non-scheduled drugs by the manufacturers and hence, passing of resolutions by BCDA allegedly to the effect asking retailers not to sell medicines below Maximum Retail Price (MRP) is not covered within the mischief of Section 3(3)(a) read with Section 3(1) of the Act. According to BCDA, it is not fixing the sale ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DA to take aid of a judgment of Hon‟ble Supreme Court of India in the matter of All India Organization of Chemists and Druggists and Others v. Director General, Investigation Registration, New Delhi reported in 2002 CTJ 4 (Supreme Court) (MRTP) and an order of the Hon‟ble Competition Appellate Tribunal in the matter of Director General v. Voltas Limited and another reported in 2010 CTJ 4 (COMPAT) (MRTP) to support its argument that if the currency of agreement/acts/practices which is the subject-matter of the notice of enquiry has expired, the notice of enquiry becomes infructuous. 27. Lastly, it is argued that since BCDA has voluntarily complied with the requirement of section 27(a) of the Act, no penalty should be imposed by the Commission under section 27(b) of the Act. If at all circumstances warrant imposition of penalty, mitigating factors like voluntary compliance and undertaking by BCDA, acting under bona fide belief, ignorance of law etc. be considered by the Commission 28. In view of the above, BCDA prays for closure of the matter. Replies/ Objections/ Submissions of Shri Tushar Chakraborty, Hon. General Secretary, BCDA to the Supplementary Investig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stated above and hence, not reproduced here again for the sake of brevity. Analysis 34. It may be pertinent to state at the outset that the issue of sale of drugs, inter alia, at fixed trade margins on account of sale of drugs on MRP, by the members of the Chemists and Druggists Associations in different states has been considered by the Commission in (a) MRTPC Case No. C-127/2009/DGIR (4/28), in the matter of Varca Druggists and Chemists and others v. Chemists and Druggists Association, Goa (b) MRTPC Case No. C-87/2009/DGIR in the matter of Vedant Bio Sciences v. Chemists and Druggists Association of Baroda (c) Case No. 20/2011, in the matter of Santuka Associates Private Limited v. AIOCD (d) Case No. 30/2011, in the matter of Peeveear Medical Agencies v. All India Organization of Chemists and Druggists and Janssen Cilag Pharmaceuticals, (e) Case No. 41/2011, in the matter of Sandhya Drug Agencies v. Assam Drug Dealers Association and others and (f) Case no. 60/2012 in the matter of M/s Arora Medical Hall, Ferozepur v. Chemists Druggists Association, Ferozepur Ors. The Commission, after inquiry, has disposed of all these matters. In these cases, the Commission has, int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p or dissolution there remains after the satisfaction of all its debts and liabilities and property whatsoever, the same shall not be paid or distributed among the members, but shall be given and transferred to some other institutions having object similar to the object of BCDA. As regards the structure of BCDA, it is Bengal based and a three-tier organization viz. Zones, Districts and the State. BCDA is covered by 214 Zones and 24 Districts. As per the delegated power of the Executive Committee, Zonal Committees and District Committees are formed. The Executive Committee in consultation with the members of the Association where committee is going to be formed shall convene a General meeting and shall request the members present to elect the Zonal Committee, Office-Bearers and Executive Committee members as per stipulation of the Articles of the Association. The boundary of the Zonal Committee is decided by the Executive Committee. Thus, 214 Zone Committees have been formed. Individual Zone Committee is formed on the basis of ranging from less than 100 to more than 300 members. Thus, BCDA is organizationally covered by 214 Zones. The District Committee is formed by all the elected ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iable adverse effect on competition within India. Section 3(3) Any agreement entered into between enterprises or associations of enterprises or persons or associations of persons or between any person and enterprise or practice carried on, or decision taken by, any association of enterprises or association of persons, including cartels, engaged in identical or similar trade of goods or provision of services, which (a) directly or indirectly determines purchase or sale prices; (b) limits or controls production, supply, markets, technical development investment or provision of services; (c) .. (d) .. shall be presumed to have an appreciable adverse effect on competition. 39. For the purpose of proper appreciation of applicability of relevant provisions relating to anti-competitive agreements, it is useful to consider the various elements of section 3 of the Act in detail. Section 3(1) of the Act prohibits, and section 3(2) makes void, all agreements by association of enterprises or persons in respect of production, supply, distribution, storage, acquisition or control of goods or provisions of services which cause or are likely to cause appreciable adverse effect on comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , currency, defense and space are also excluded from the purview of the definition of enterprise‟. As per Articles of Association of BCDA, any person, firm or company carrying on the business of Chemists and Druggists and of Dealers of Drugs, Medicines and of Allied Products and of Manufacturer of Medicines, Drugs, Pharmaceuticals etc. and possessing a drug license under the Drug and Cosmetics (Amendment) Act and of the accredited Agents and Representatives of such licenses of other States having their office in this State (i.e. West Bengal) can become an ordinary Member of the Association subject to the provisions and restrictions contained in those Articles. Thus, it is not the case that any person can become a member of BCDA but only those persons falling within the aforesaid category can become member of BCDA. Since every member of BCDA is actually a person engaged in an economic activity, the obvious inference is that he/she falls squarely under the definition of enterprise‟. Thus, BCDA which comprises of enterprises is an association of enterprises. 43. Further, Section 3(3) of the Act not only covers agreements entered into between enterprises or association ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ped and that the various Districts and Zonal Committees should strictly enforce the guidelines of BCDA, to control the chain stores who are indulging in undercutting. In this meeting, the General Secretary has also requested all the District Secretaries, through their members, not to provide any service to Medplus. (iii) In the minutes of the Executive Committee meeting dated 26.05.2011, under Agenda No.4, it has been stated by the General Secretary that the undercut problem both in retail and wholesale level is very serious in nature. He has further mentioned that as per norms, the State Executive Committee is the policy making body whose implementing machinery is the Zones, under the guidance of districts only. He has further stated that BCDA is strict on its earlier stand to maintain Wholesalers‟ margin in wholesale level and Retailers‟ margin in retail level. He also expressed that the BCDA strongly believes that the Zone leaders with the help of the District leaders should keep a close vigil on the shops to check the undercut problem. (iv) The minutes of the Executive Committee meeting dated 25.06.2011, 16.07.2011, 11.08.2011 and 14.10.2011 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the State Committee. It was also mentioned that the undercut problem is centered in Kolkata and its surrounding Districts only. (vii) In the minutes of the Executive Committee meeting dated 17.03.2012, under Agenda No.4, the Organizing Secretary has reported that the undercut problem has been concentrated upon in the two meetings of the Action Committee and another meeting with the District Organizing Secretaries. He has also proposed about the programme of 1st April 2012 to sell medicines from the retail outlet on MRP basis, and on 18th April 2012, to organize a protest procession against entry of big national capitalists in retail pharmaceutical trade. The House unanimously approved the proposal. The Organizing Secretary also stated that the state leadership is very rigid to prevent undercut. He has stated as follows: We should move forward to prevent undercut. The Organizational Vigilance committee will keep close watch. Organizational movement against a few non-cooperating members must be initiated. We will move from 1st April 2012 . One member stated that supplies to non-cooperating members are to be restricted while another member urged for concrete decision and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Charu's have been told not to give discount. The Organizing Secretary has mentioned that 1st April 2012 programme is on undercut and that their policy is faced with a problem created by M/s. Life Line, Medplus, Dhanwantary. He has also stated that this problem is mainly centered in Kolkata Districts. The General Secretary also requested the members to strictly follow the organizational movement on Life Line and others. One member stated that they should collect the information as to who purchase medicines from M/s Life and who are supplying medicines to Medplus. Another member stated that when chain stores are giving discount what will they reply to other retailers. The said member also stated that Dhanwantary has taken the Hospital supply with discount and proposed for organizational movement against Dhanwantary. It was also proposed by a member that the State committee should call the chain stores representatives and sit with them to persuade them to stop undercut. Vigilance teams were also proposed to be detailed in front of SSKM Hospital and CMRI. The Organizing Secretary proposed to write a letter to Medplus and other chain stores to honour the guideline of BCDA. He also p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sident directed that, as proposed, the retail shop owners of Shyambazar Zone would be called for a meeting on Monday the 25th June, 2012 in BCDA Office. One member complained that the root cause of undercut problem in South Calcutta is Dhanwantary and has sought the intervention of the State Committee in the matter. Another member has stated that undercut is prevailing at Baranagar and Dum Dum Zone and that the 24 Parganas North District Committee has been in constant touch with them. Another member has complained that North Calcutta is not taking any fine from the shops who are giving discount. The Organizing Secretary has mentioned that they have taken necessary steps for implementation of trade policy. He also stated that discount is going on in Kolkata and surrounding Districts and recommended to continue vigilance operation in very rigid manner. He also reported that the Calcutta Wholesale EC Committee has assured to stop under cut. One member stated that Dhanwantary, Chemist Corner, Medplus etc. were the first to introduce discount system in the trade and that they are to be caught through vigilance operation. Another member stated that the new traders coming in this trade ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th 60% less. The Organizing Secretary stated that a list of suppliers who have been supplying medicines to Medplus and others has been prepared which will be announced in time. (xv) In the minutes of the Executive Committee meeting dated 23.02.2013, under Agenda No.5, the Organizing Secretary mentioned that their members are scared due to the visit of the Drug Inspectors and issue of show-cause notice. Another member stated that eight firms have received show cause notice and that the reply, as prepared by the State Committee, has been submitted to the Drug Controller's office. (xvi) In the minutes of the Executive Committee meeting dated 20.04.2013, under Agenda No.5, it has been resolved that Bengal Chemists Druggists Association shall not initiate any organizational movement, like in earlier times also, against any wholesaler/retailer offering discounts below the MRP. 46. It is thus evident from the various minutes as discussed herein above that BCDA and its affiliated District and Zonal Committees have taken concerted action against the retailers, largely the chain stores, who have indulged in sale of medicine below MRP by offering discounts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... justice is not tenable. 49. BCDA has taken plea of ignorance of law in its defence. It is submitted by it that there is absence of level playing field in the State of West Bengal in retail pharmaceutical trade. Due to the heavy discounts offered by big retailer, the business of small retailers is being wiped out. Consequently, around 15 to 20 per cent of small retailers in different districts/villages in the state of West Bengal are forced to close their business. It is in this context that the alleged resolutions were passed under a bona fide belief that there is no violation of any law. It is further stated that they were primarily passed for the purpose of organizing protest processions against entry of big national capitalists in retail pharmaceutical trade and making a presentation before the local government authorities of state of West Bengal. This argument of BCDA is bound to fail. It is a trite law that ignorance of law is no excuse. Further, BCDA has not brought on record any evidence to suggest that the business of significant number of retailers was seriously affected by heavy discounts being offered by big retailers leading to closure of their business which compel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CDA has issued the 'No Discount' stickers or has used any coercion against those who have indulged in the sale of drugs below MRP by offering discounts. In this regard, he has submitted against as under: ........the State BCDA has always adopted a policy of consultation and discussion with those parties who are not in agreement with the stated policy of BCDA in the matter of discounts etc. We never use any coercive method to enforce our decisions. Even in the matter of discounts, we have neither issued any 'No Discount' sticker to be pasted at prominent place of the shop nor have threatened anybody with dire consequences as the association only tries to persuade the parties by discussion and tries to convince them to see reason in what we are trying to achieve. I am aware that in few localities, some of the agitated and hyper active members of the organization belonging to the zonal and the district committees have issued No Discount stickers and circulars unauthorizedly, as the State BCDA has never approved the same. We have warned such members not to indulge in such practices which are not authorized by the State BCDA as the same brings disreput ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ous areas of Kolkata and the adjoining areas by the various District and Zonal Committees affiliated to the BCDA. For the sake of felicity, the submissions are discussed hereunder: (i) Optival Health Solutions Pvt. Ltd., having approximately 1200 retail outlets in several states in India, including 69 outlets in Kolkata, under the brand name 'Medplus', have submitted that they offer a discount of 10% on selected medicines to customers. They have stated that there have been several occasions in the past few years wherein BCDA representatives have asked them not to offer any discounts on the sale of medicines in Kolkata and have asked them to take membership of BCDA and follow the rules laid down by the BCDA. The company has enclosed a letter dated 26.03.2012, circulated by the BCDA addressed to all its District Secretaries, wherein it is stated inter alia that as per decision adopted in the State Executive Committee meeting held on 17.03.2012, the retail outlet members are requested to sell medicines on MRP basis from 01.04.2012 and in order to ensure its implementation, each Zone and District Committee would form an Organisational Vigilance Committee. The comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t PIS charges and other contribution from manufacturers etc. Every wholesaler and retailer is their member and is therefore politically well connected. So even though we are trying to pass on the benefits to the customers and observe all the statutory requirements we are facing opposition from the BCDA. (i) M/s Jatindra Mohan, situated at Dum Dum Kolkata, has submitted that BCDA has been pressing its members not to sell medicines below MRP price and in the name of vigilance operations are harassing members by threatening to stop business. It has further stated that the orders of the BCDA not to give discount to its customers are made verbally. It has disputed the claim of BCDA that it is trying to save small retailers as being false, baseless and fabricated having no justification as all the retailers near its shop are giving 10% discounts to all their customers. It has further stated that surprise checks were carried out by BCDA on several occasions and on one occasion, it was verbally threatened by the BCDA Central Investigation team when it was found to have given discount of 10-11% to one its customer. The firm has, however, submitted that the BCDA has never fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er: Usually BCDA Zonal Committee members approach their local retailers and motivate them not to sell any medicines below the MRP, as it is against their committee guidelines. If the retailer does not cooperate with them then they call such retailers in person at their respective Zonal offices to virtually threaten him to either cooperate with them or face the consequence of their non cooperation and boycott which means non supply of medicines by their wholesaler I distributor I CNF Agent etc. Dhanwantary Group of Pharmacies has also faced similar treatment from them since last so many years. Every time a new elected committee takes over they try to enforce the diktat of not allowing any drugs to be sold below the MRP. However, we have continued to give discounts till date in our shops. On the issue of NO DISCOUNT sticker, Shri Khandelwal has submitted as under: Yes. Though we opposed the idea of displaying the stickers but after their persistent pressure we allowed them to paste the 'NO DISCOUNT' sticker at our different pharmacies. Our CEO Mr. S.S. Jha was also forced to issue notices to all the pharmacies to stop giving discounts to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en offering discounts since the very beginning as a matter of policy to promote our sales and to offer the best prices to the consumers. He has further stated as under: The BCDA is against sale of drugs on discount. It is their contention that big pharmacies/retailers like us may be in a position to give discounts but small retailers cannot pass on similar discounts and on account of discounts by big players the small retailers may go out of business. Since, we are against this move of BCDA we have suffered on account of their reaction towards us. The BCDA unofficially tells all its members in the State of West Bengal not to make any purchases from us and not to release payments for purchases already made. We have countered such moves of BCDA by offering more discounts so that our sales are not adversely affected. The BCDA also use their influence over the stockists and distributors not to place order on us in respect of those companies whose C F is with us. We took up the matter with the BCDA on the ground that the jobs of several people engaged in these companies would be at stake for no fault of theirs. We also acceded to their demand of stopping discounts. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not give discounts. We have also told them that if others are giving discounts then there is no way that we can make sales without giving similar discount at our shop. We have also told them that they should not force small shopkeepers like us to sell drugs on MRP when large shopkeepers and others who have retail chains are already giving discounts to the customers. 56. They have also stated that the BCDA representatives have given them 'No Discount' stickers to be displayed at prominent place in their shop. However, there has never been any occasion when they have been told to shutdown their shops on account of sale of drugs below the MRP. They have also submitted that the BCDA members circulated draft reply to them and others in response to the notices issued by this office and that since they are small shopkeepers they could not muster courage to send a different reply to the office of the DG. 57. From the submissions of the various wholesalers and retailers as above, it is evident that the BCDA had launched organizational movement to enforce sale of drugs on MRP w.e.f. 01.04.2012. In accordance with the above decision, various District and Zonal committees have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt' pamphlets displayed at one of the medicine shops. Further, during the said investigation, the proprietor/partners or persons present at three of the shops also stated that they had earlier displayed the 'No Discount' pamphlets in their shops as per the direction/circular of BCDA, but are not being displayed at present. The report of the Assistant Director also stated that the officers examined certain consumers on the spot and some of them verbally admitted the fact that they used to get discount on the price of medicines purchased prior to the aforesaid 'No Discount' circular/notice. Copies of verbal statements of the consumers reduced in writing by the officers at the time of enquiry have also been enclosed with the report of officers. The Director has also submitted that the inspecting officers of the Prosecution Cell of the Directorate also visited some medicine shops in Kolkata and Howrah on 08.11.2012 and found leaflets mentioning 'No Discount' displayed at the said shops. Copies of some photographs showing display of 'No Discount' pamphlets and notice are also on record. It is evident from the report of the Director that the BCDA and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly sets the upper most price boundary beyond which a product cannot be sold. It does not preclude sale of drugs below the MRP. As can be observed from the replies and oral submissions of the parties on record, there are large number of retailers who are willing to offer discounts on MRP to the customers. However, the concerted and collusive activities of BCDA members have prevented price competition between one retailer and the other. The same has resulted in fixation of the selling prices as the drug prices are not allowed to be determined by the independent market forces. Such conduct of the BCDA contravenes the provisions of Section 3(3)(a) read with Section 3(1) of the Act. When sale of drugs is determined to take place only at MRP, on account of agreement entered into amongst the members of the BCDA, then such a trade practice causes or is likely to cause an appreciable adverse effect on competition, especially when almost all the retailers and wholesalers are members of the BCDA. 63. The Commission notes that the BCDA and its affiliated District/Zonal Committees have taken concerted action against retailers offering discounts, by launching organizational movements, threate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The Commission further observes that the activities of trade association inter alia to direct its members to sell drugs only at their MRP is a palpable anti-competitive conduct which cannot be justified on the ground that most of the members of the BCDA, would be ruined if competitive forces are allowed to operate in the market. Further, the attempt to justify sale of drugs only on MRP on the basis that the margins have been fixed under the DPCO and accepted in the market is untenable as the issue is not the reasonability or the quantum of trade margins but the concerted action to fix uniform trade margin by an agreement amongst the members of the trade association. The activities of the BCDA are in conflict with the objects of the competition law as they cause restraint of trade, stifle competition and harm the consumers. 66. In the aforesaid circumstances, the Commission holds that the BCDA and its District and Zonal Committees were engaged in anti-competitive practices of directly or indirectly determining the sale prices of drugs and controlling or limiting the supply of drugs through concerted and restrictive practices, in violation of the provisions of Section 3(3)(a) an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he aid and assistance of the provisions of Section 48 of the Act. 71. Additionally, the Commission notes from the records that BCDA is a company registered under Section 25 of the Companies Act, 1956 and provisions of Section 48 of the Act are undoubtedly applicable to the BCDA. Thus, there seems to be no occasion to draw any distinction on the count. Therefore, the Commission is of the view that the office bearers and executive members of the BCDA are guilty of the contravention and are liable to be punished. ORDER 72. Considering the discussion in the earlier part of this order, the Commission directs the BCDA and its office bearers executive committee members to seize and desist from indulging in anticompetitive practices found to be anticompetitive in terms of the provisions of Section 3 of the Act in the preceding paras of the order. 73. On the aspect of penalty under Section 27 of the Act, the Commission is of the view that the said anticompetitive acts and conducts require to be penalized to cause deterrence in future among the erring entities engaged in such actions. Accordingly, it is required that the degree of punishment is scaled to the severity of the v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ayan Roy President 1800000.00 1897600.00 2230000.00 1975866.67 197587 3 Sunil Chandra Dey Vice President 13316573.00 14905115.00 14927180.00 14382956.00 1438296 4 Shyamal Dhar Vice President 8118336.00 11395691.00 15300768.00 11604931.67 1160493 5 Joydip Roy Vice President 1901930.00 2131265.00 2533605.00 2188933.33 218893 6 Rastrapati Dey Vice President 1231300.00 1284710.00 1345940.00 1287316.67 128732 7 Tushar Chakraborty Hon Gen Secy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 29482349.66 2063764 18 Amit Kumar Paul Exe Comm Mem 314259.00 442515.00 262439.00 339737.67 23782 19 Ajoy Kumar Lohia Exe Comm Mem 84490728.00 95318938.00 95377448.00 91729038.00 6421033 20 Atanu Majumder Exe Comm Mem 3387094.31 3286442.69 3481187.00 3384908.00 236944 21 Angshuman Dey Exe Comm Mem 37595372.71 41898722.60 39747047.66 2782293 22 Alip Saha Exe Comm Mem 11492225.56 10409877.66 7869668.37 9923923.86 694675 23 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 85.00 75089372.00 85815876.00 75603111.00 5292218 34 Goranga Dhar Exe Comm Mem 5575828.00 5852737.00 5972055.00 5800206.67 406014 35 Hirak Subhra Mukherjee Exe Comm Mem 4369219.00 5112972.00 5253617.00 4911936.00 343836 36 Md. Irfan Lodhi Exe Comm Mem 526910.00 687270.00 897640.00 703940.00 49276 37 Jayanta Dey Exe Comm Mem 89887412.00 91747782.00 82354505.00 87996566.33 6159760 38 Jayanto Dey Exe Comm Mem 3101500.00 3420000.00 2405200.00 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 49 Prabir Prasad Ghosal Exe Comm Mem 1034036.00 1218284.00 1536227.00 1262849.00 88399 50 Pradip Ghosh Exe Comm Mem 10129795.24 11621892.00 12531520.00 11427735.75 799942 51 Pratap Rudra Mahapatra Exe Comm Mem 42628005.00 51112480.00 46801685.00 46847390.00 3279317 52 Prodyot Banerjee Exe Comm Mem 22984849.00 25537059.00 29509994.00 26010634.00 1820744 53 Prakash Saha Exe Comm Mem 307134.11 310054.00 307929.00 308372.37 21586 54 Prithwi Bose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 45 13558010.00 14052908.48 983704 65 Swapan Kumar Saha Roy Exe Comm Mem 32897871.85 36437421.57 37771137.10 35702143.51 2499150 66 Samar Dey Exe Comm Mem 1654178.80 1972403.00 2032606.00 1886395.93 132048 67 Sabir Chatterjee Exe Comm Mem 3838869.00 3832519.00 4502429.00 4057939.00 284056 68 Soumen Chakborty Exe Comm Mem 814125.00 575750.00 2347451.00 1245775.33 87204 69 Shyamal Kumar Saha Exe Comm Mem 34964106.00 44659896.00 56449691.00 4535 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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