NDLI: Rajasthan Cylinders and Containers Limited Vs. Union of India and Another

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	2002: Competition Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Competition Act, 2002 (12 of 2003)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Competition Act, 2002:ss. 3, 19 and 27 – Cartelisation, bid-rigging and collusivebidding – Suo-motu proceedings initiated by Competition Commissionof India – Against bidders/manufacturers of LPG Gas Cylinders –Investigating into complaint about unfair conditions in the tenderfloated by Indian Oil Corporation Ltd. (IOCL) for supply of LPGGas Cylinders – Competition Commission held that there was collusivebidding – Competition Appellate Tribunal affirmed the findings ofCompetition Commission – On appeal, held: It is duty of theCommission to ensure that the conditions which have tendency tokill the competition are to be curbed – There may not be directevidence on the basis of which cartelisation or such agreementbetween the parties can be proved – The standard of proof for suchagreement is one of probability – There is a presumption that fourtypes of agreements mentioned in s. 3(3) will have an appreciableeffect on competition – However, the presumption is rebuttable asthese agreements are not conclusive proof of the fact that it wouldresult in appreciable adverse effects on competition – If evidence isled which rebuts the presumption, the Commission shall take intoconsideration the factors mentioned in s. 19 – If the evidencecollected by the Commission leads to one or more or all the factorsmentioned in s. 19(3), it would again be treated as an agreementwhich may cause or likely to cause an appreciable adverse effecton competition – In the present case, inferences drawn by theCommission, on the basis of the evidence collected by it, have beenduly rebutted by the appellants/manufacturers – They have beenable to discharge the onus that shifted upon them – However, atthat stage, the Commission failed to carry the matter further – Thus,there is no sufficient evidence to hold that there was any agreementbetween the appellants for bid rigging – Appeals by the manufactures are allowed – Since no penalty is payable, appeals of the Commissionare dismissed as infructuous – Evidence.Words and Phrases:“bid rigging” and “collusive rigging” – Meaning of, in thecontext of Competition Act, 2002.
Judge	Hon'ble Mr. Justice Arjan Kumar Sikri
Neutral Citation	2018 INSC 916
Petitioner	Rajasthan Cylinders And Containers Limited
Respondent	Union Of India And Another
SCR	[2018] 12 S.C.R. 495
Judgement Date	2018-10-01
Case Number	3546

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