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HC restores CCI’s order rejecting plea for quashing DG’s report on abuse of dominance by Grasim

September 18, 2019[2019] 109 222 (Delhi)

COMPETITION LAW : Where pursuant to an information filed with CCI that all manufacturers of man made fibres (MMF), including Grasim, had imposed anti-competitive restrictions on Indian textile industry DG submitted a report to CCI, holding that none of parties named in information had committed any violation under section 3 but Grasim had abused its dominant position in market in terms of section 4 and CCI rejected plea of Grasim that investigation of DG was limited to examining violations of section 3 and that DG could not have suo motu enlarged scope of investigation into violation of section 4, it was held that impugned judgment of Single Judge holding that inasmuch as direction issued by CCI to DG was to investigate violations of section 3, pertaining to anti-competitive agreements, by manufacturers of MMF, including Grasim, DG could not have investigated into any violation by Grasim of section 4 which pertained to abuse of dominant position was to be set aside and order of CCI was to be restored

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