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Setting up of discount price control mechanism by excise Dept. on L1 liquor licenses wasn't anti-competitive

October 1, 2019[2019] 109 taxmann.com 188 (CCI)
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COMPETITION LAW: Where informant engaged in business of manufacturing and marketing of beer had alleged that Department of Excise (DoE) had contravened provisions of section 3(4) by setting a discount price control mechanism on L1 licensees, in view of fact that DoE was not involved in production, storage, distribution or sale of beer and no vertical agreement existed in present matter, need of examination of present matter in framework of provisions of section 3(4) was ruled out

COMPETITION LAW: Conduct of DoE in course of grant of license in discharge of its statutory functions falls within realm of public policy and did not fall within ambit of activities included for purpose of section 2(h), thus, DoE is not an enterprise and provision of section 4 is not applicable to it

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