Case No. 16 of 2013. Case: AdCept Technologies Pvt. Ltd. Vs Bharat Coking Coal Limited (BCCL). Competition Commision of India
|Case Number:||Case No. 16 of 2013|
|Party Name:||AdCept Technologies Pvt. Ltd. Vs Bharat Coking Coal Limited (BCCL)|
|Judges:||Ashok Chawla (Chairman), H.C. Gupta, Member (G), Geeta Gouri, Member (GG), Anurag Goel, Member (AG), M.L. Tayal, Member (T) and Shiv Narayan Dhingra, Member (D)|
|Issue:||Competition Act, 2002 - Sections 19(1)(a), 26(2), 3, 3(3), 4|
|Citation:||2013 CompLR 488 (CCI)|
|Judgement Date:||May 08, 2013|
|Court:||Competition Commision of India|
The informant has filed this information under Section 19(1)(a) of the Competition Act, 2002 ('the Act') against the Opposite Party ('the OP') for the alleged violation of the provisions of Section 3 and 4 of the Act. Informant is a company carrying on business of providing solution for opencast mining including slope stability monitoring. OP, a subsidiary of Coal India Ltd., is a company carrying on business, inter alia, of mining from its various mines all over its jurisdiction. For the purpose of monitoring the slope stability of the said mines, OP floated a global tender dated 28.11.2012 inviting bids from proven manufacturer(s) for supply of Mine Slope Stability Monitoring Radar (MSSM RADAR).
The informant submitted that there were two leading Radar Technologies available worldwide for monitoring the slope stability of open pit mines in real time namely--Real Aperture Radar (RAR) and Synthetic Aperture Radar (SAR). All the industrial users of such monitoring radars send their enquiries and invite tenders from the manufacturers of both the technologies so as to ascertain the comparative suitability, cost etc. However the specification given in the tender documents as floated by OP was biased and specifically intended to favour RAR dish antenna based system. It is alleged that by defining a large parameter value for "scan angle" required only by RAR system, OP eliminated the participation of SAR technology manufacturers in this global tender. It is explained by the informant that the RAR system uses a Dish Antenna that has to be rotated on a pivot across large "scan angle" to cover the slope to be monitored at some low resolution from a closer distance from mine slope (typically the scan angle is 170 deg. horizontal and 80 deg. vertical). In comparison, SAR system with a linear scanner with smaller horn antennas (with beam width/scan angle of 80 deg. Horizontal and 60 deg. Vertical) over a 2m long rail does not require a "large" scan angle to get the very high resolution, wide coverage and accuracy even from long distances. Therefore, manufactures using the SAR system would not, under any circumstances, need to fulfil the requirements as set out in the tender document dated 28.11.2012. Owing to the difference between the basic methodology of the two technologies, the requirements are fundamentally different.
The Informant pleaded that it, in association with Ingegneria Dei Sistemi, Italy (IDS), was utilizing the SAR...
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