The Indian Competition Authority dismisses abuse of dominance claims against the national highway authority based on the eligibility criteria stipulated in a request for tenders (Sandeep Mishra / National Highway Authority of India)

Key Points It is the prerogative of the procurer / buyer to decide technical specifications in the tender document as per its requirement. Such specifications would only be subject to the provisions of the Act if the tender document framed by a dominant entity contained provisions which were demonstrably unfair or discriminatory. Brief Facts An information was filed under Section 19(1)(a) by Mr. Sandeep Mishra