In this Roundup, we highlight the main developments in Indian competition law in November 2020. We also mention a couple of important developments right at the beginning of December.

Anti-Competitive Agreements

No Evidence of Collusion in Alleged Drinks Cartel

The Competition Commission of India (CCI) dismissed allegations that three licensees for the supply of imported foreign liquor (IFL) had rigged tenders floated by the Haryana Excise and Taxation Department for the licence for supply of IFL in Haryana by way of bid rotation. The Informant alleged that the three licensees were related to each other since they shared a common address, had common shareholders, had financial transactions amongst themselves and had acted in a collective way towards a common purchaser. The CCI stated that no details or documents in relation to the tenders in question had been furnished by the Informant and there was no other evidence indicating a meeting of minds
or collusive behaviour by the three licensees. The CCI referred to earlier orders where it had found that commonality of directors or ownership of participating firms, or common business linkages, were, in the absence of evidence of collusion, insufficient to establish a prima facie case of breach of Section 3 of
the Competition Act, 2002. The CCI therefore closed the case.

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