Competition Commission Dismisses Allegations of Bid Rigging In Bareilly Nagar Nigam Tender
Live LawThe Competition Commission of India presided by Mr. Ravneet Kaur, Mr. Anil Agrawal, Ms. Shweta Kakkad and Mr. Deepak Anurag rejected allegations of anti-competitive practices in the tender process of Bareilly Nagar Nigam and found no merit in the bid rigging complaint. Brief Facts of the Case The informant, Mr. Harish Kumar, is engaged in the business of Contentions of Bareilly Nagar Nigam The Bareilly Nagar Nigam denied the allegations and that the tender process followed proper rules and regulations. It could not be established, from the materials placed on record, that Section 3 of the Competition Act, 2002 had been contravened through anti-competitive practices or even collusion. The Commission noted that it could not establish any credibility of evidence of OP-1, OP-2, and OP-3 being dummy firms or process manipulation.The Commission observed that tender terms setting is usually the procurer's prerogative and not something that would be interfered with unless there is evident anti-competitive conduct.
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Tender Conditions Generally Fall Under Procurer's Discretion, Can't Be Termed Anticompetitive: CCI Dismisses Information Against Bareilly Nagar Nigam
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