The Indian Supreme Court clarifies the scope of the investigative powers of the Director General of the Competition Authority and the establishment of an agreement to indulge in collusive bidding (Crop Care)

On 10 May 2017, the Supreme Court of India published its judgment dated 8 May 2017 in Excel Crop Care Ltd. v. Competition Commission of India & Anr [1]. This judgment deals with important issues on the applicability of the Competition Act, 2002 (Competition Act) to conduct prior to its coming into force, the scope of the investigative powers of the Director General (DG), the establishment of an agreement to indulge in collusive bidding, and whether penalties should be imposed on the total or relevant turnover of the contravening enterprises. Brief Facts On 4 February 2011, the Food Corporation of India (FCI) complained to the Competition Commission of India (CCI) about an anti-competitive agreement between Excel Crop Care Limited and a number of other manufacturers in relation

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Authors

  • Shardul Amarchand Mangaldas (New Delhi)
  • Shardul Amarchand Mangaldas (New Delhi)
  • Shardul Amarchand Mangaldas (New Delhi)

Quotation

Naval Satarawala Chopra, Manika Brar, John Handoll, The Indian Supreme Court clarifies the scope of the investigative powers of the Director General of the Competition Authority and the establishment of an agreement to indulge in collusive bidding (Crop Care), 10 May 2017, e-Competitions Bulletin May 2017, Art. N° 84122

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