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TMI Blog2023 (5) TMI 665X X X X Extracts X X X X X X X X Extracts X X X X ..... voke only the provisions of Section 27(a) of the Act which further provides for a direction to any enterprise or association of enterprises or person or association of persons, as the case may be, involved in such agreement, or abuse of dominant position, to discontinue and not to re-enter such agreement or discontinue such abuse of dominant position, as the case may be. Thus, from a careful reading of Section 27, it appears that the Commission has the jurisdiction either to pass all or any of the order which are so mentioned in the said Section. In the present case, the Commission has invoked Section 27(a) of the Act. There is no reason to interfere in the well-considered order passed by the Commission - Appeal dismissed. - Compet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the detailed facts and it would be suffice to refer to the conclusion drawn by the Commission after a detailed discussion, which read as under: 49. In view of the above, the Commission holds OP-1 to OP-10 to have contravened the provisions of Section 3 (3) (a), 3 (3) (c) and 3 (3) (d) read with Section 3 (1) of the Act during the period 2009 to 2017, as detailed in this order. 50. The Commission, in terms of Section 27 (a) of the Act, directs the OP-1 to OP-10 and their respective officials who have been held liable in terms of the provisions of Section 48 of the Act, to cease and desist in future from indulging in practices which have been found in the present order to be in contravention of the provisions of Section 3 of the Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r respective role/ conduct in the said tenders as brought out by the DG. It cannot be gainsaid that cooperation to such an extent by the parties concerned is one of the consideration which may be taken into account by the Commission in quantifying the penalties. Moreover, the Commission notes that some of the OPs are Micro Small and Medium Enterprises (MSMEs). In fact, the Commission has also looked at the relevant turnover arising out of Composite Brake Block (CBB) in the present matter and observes that most of the OPs are having small annual turnover in this segment. At the same time, the Commission is also cognizant of the prevailing economic situation arising due to the outbreak of global pandemic (COVID-19) and the various measures un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... visions of Section 57 of the Act. 4. During the course of hearing, counsel for Appellant has been repeatedly asked to refer to the provision of law in which the penalty should have been imposed but he miserably failed to mention any provision. However, counsel for the Respondent, while assisting the court, referred to Section 27 (a) of the Act and contended that the punishment has been awarded in the aforesaid provision which is well within jurisdiction of the Commission . In this regard, it is relevant to refer to Section 27 of the Act which read as under: Section 27 in the Competition Act, 2002 27. Orders by Commission after inquiry into agreements or abuse of dominant position. Where after inquiry the Commission finds tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... abide by such other orders as the Commission may pass and comply with the directions, including payment of costs, if any; (f) recommend to the Central Government for the division of an enterprise enjoying dominant position; (g) pass such other order as it may deem fit. 5. Section 27 of the Act provides that if the Commission after inquiry finds that any agreement referred to in section 3 or action of an enterprise in a dominant position, is in contravention of section 3 or section 4, as the case may be, it may pass all or any of the orders mentioned in the said provision. 6. The Commission found that it would be just and expedient to invoke only the provisions of Section 27(a) of the Act which further provides for a d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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