Appeal No. 01 of 2017 and I.A. No. 14/2017. Case: AKMN Cylinders (P) Ltd. and Ors. Vs Competition Commission of India and Ors.. COMPAT (Competition Appellate Tribunal)

Case NumberAppeal No. 01 of 2017 and I.A. No. 14/2017
CounselFor Appellant: K. Krishna Kumar, Advocate
JudgesRajeev Kher and Anita Kapur, Members
IssueCompetition Act, 2002 - Sections 26(1), 36, 36 (2), 36(2), 41(2), 43, 53A, 53B, 41
Judgement DateFebruary 13, 2017
CourtCOMPAT (Competition Appellate Tribunal)

Order:

  1. This appeal has been presented against the order dated 13.10.2016 passed by the Competition Commission of India (for short, the 'Commission') in Suo Moto Case No. 1/2014 and consequential show cause notice issued in File No. 11 (01)/2014-Sectt./17601 dated 01.12.2016 by the Commission.

  2. Briefly the facts are as follows:-

    "(i) The Commission took suo moto cognizance of anonymous information dated 25.04.2013 informing charges of cartel behaviour in two e-tenders floated by HPCL on 28.10.2011 & 24.01.2013. After prima-facie satisfaction, the Commission ordered an investigation under Section 26 (1) of the Act.

    (ii) The DG started investigation in accordance with the procedure laid down in the Act and addressed a questionnaire to the appellant seeking information on affidavit, along with relevant documents on 05.02.2014.

    (iii) The appellant on 19.02.2014 acknowledged DG's direction and requested grant of 60 days' time for submission of their reply. The DG on 20.02.2014 considered appellant's request and agreed to grant extension of time for submission of all the documents and details as required in his letter till 01.03.2014. On 27.02.2014 appellant's counsel requested for further extension of 15 days.

    (iv) On 06.03.2014, according to the appellant, he filed an affidavit responding to the questions raised in above referred letter.

    (v) On 04.05.2016 the DG referring to his letter dated 20.02.2014 stated that "you had been directed to furnish information/documents but same have not been received till date. It is seen that more than significant time has lapsed and you have not filed your reply which is in contravention of provisions of Competition Act, making you liable to be penalized under the said Act." DG gave a further opportunity up till 20.05.2016 for filing of relevant information/documents and also conveyed that if the appellant intentionally omits to attend and give evidence or furnish information, fine shall be imposed in terms of provisions of Section 43 of the Act.

    (vi) On 20.05.2016 appellant wrote to the DG that they had submitted their affidavit on 06.03.2014 along with proof of dispatch regarding the two tenders under enquiry. They further stated that they have not been awarded any order in the above two tenders.

    (vii) Subsequently on 19.07.2016 DG issued a summon under Section 36(2) read with Section 41 (2) of the Act for examination and evidence directing the Appellant No. 2, Shri N. Ravindran, Managing Director of...

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