The Indian Competition Appellate Tribunal upholds Competition Authority’s finding that three medical equipment/systems suppliers had engaged in bid-rigging (Safdarjung Hospital)

SUMMARY In the Safdarjung Hospital Case, the Competition Commission of India found that three medical equipment/systems suppliers had engaged in bid-rigging contrary to Section 3 of the Competition Act, 2002, and imposed a penalty on each of 5% of its average annual turnover over two/three years, totaling INR 30,095,218 (approx.. € 350,500). On the suppliers’ appeals, the Competition Appellate Tribunal upheld the Commission’s finding of bid-rigging. However, it held that the Commission had failed to consider aggravating and mitigating factors whilst determining the penalties and, finding a number of mitigating factors, reduced the penalties from 5% to 3% of average turnover. Background: The Competition Commission of India (CCI) in an order of 16 April 2012 held that three medical