Mr. Naresh Kumar Dasari V. Competition Commission of India

Abstract

CCI formed a prima facie opinion regarding contravention against the seven entities and directed the DG to investigate the matter. On the basis of extensive evidences collected including, Call Data Records (“CDRs”) and emails exchanged between the entities, DG suggested that, (i) the alleged entities indulged in anti-competitive agreement/conduct and concerted practices to rig the Impugned Tender u/s 3(3)(d) and (ii) they allocated amongst themselves the geographical circles for which the tender was issued, thereby contravening the provisions of sections 3(3)(c). The DG also identified certain individuals of the entities who could be held liable in terms of section 48 of the Act. While passing the impugned order, CCI made the following observations