The Indian Competition Authority launches an investigation into a mining company for alleged abuse of dominance by excessive pricing (Kalpit Sultania / IREL)

KEY POINTS The thrust of the definition of the term ‘enterprise’ under the Act is on the economic nature of the activities discharged by the entity concerned. BRIEF FACTS An information was filed by Mr. Kalpit Sultania (“Informant”) against IREL (India) Ltd. (“IREL/OP”) alleging abuse of dominance. It was submitted by the Informant that the Beach Sand Sillimanite, a category of Sillimanite i.e., natural sand-based product generated during the extraction of rare earth compounds from beach sand, is primarily used by refractory manufacturers for lining furnaces and is also used in the ceramic industry. It is also stated that the Beach Sand Sillimanite cannot be replaced either with