Recently, Competition Commission of India (CCI) in the case of Plasser India v. Harbour Sales Private Limited., (Plasser India case) decided that a mere possibility of potential collusion based on common ownership of agents in a bid does not show anti-competitive conduct thereby not leading to a violation of Section 3 of the Indian Competition Act, 2002 (Act). Astonishingly, this decision exhibits that the conduct of a bidder who hires proxy bidders is not anti-competitive in the view of the CCI albeit such conducts reduce fair competition. Background The Ministry of Railways invited a bid for the supply of dynamic track stabilizing machine through a tender
The Indian Competition Authority rules that the conduct of a bidder who hires proxy bidders is not anti-competitive (Plasser / Harbour Sales)
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