The Indian Competition Authority dismisses allegations of anticompetitive conduct and abuse of dominance against an information technology company in public procurement by the Ministry of Railways due to lack of evidence (Sowil / Hexagon Geosystems India)

KEY POINTS In the absence of any material on record which can suggest collusion, no case of anti-competitive agreement can be made out. In addition, for a case of abuse of dominance, one must take into consideration the market structure and the number of major players including, global players operating in the market. BRIEF FACTS The informant, SOWIL Ltd. (“SOWIL”) is a small-scale provider of engineering consultancy for highway development works, railway works, bridges, structures, tunnelling, building, water resources and buildings etc. Hexagon India is a subsidiary of Hexagon AB,