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TMI Blog2018 (1) TMI 1756X X X X Extracts X X X X X X X X Extracts X X X X ..... nderstanding between M/s Lupin Ltd and Karnataka Chemists Druggists Association. While holding so, the Commission further held that one Mr. K.E. Prakash, President - Karnataka Chemists Druggists Association was also actively involved in anti-competitive conduct carried by Karnataka Chemists Druggists Association. As admittedly, finding of the Commission with regard to anti-competitive agreement was reached between M/s Lupin Ltd and Karnataka Chemists Druggists Association has been held to be incorrect by the COMPAT, this Appellate Tribunal held that the appeal preferred by Karnataka Chemists Druggists Association is also covered by the decision of COMPAT. Rest of the parties being erstwhile president of Karnataka Chemists Druggists Associat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 2016. The opening paragraph of the judgment of COMPAT aforesaid reads as follows: "This appeal filed against order dated 28.07.2016 passed by the Competition Commission of India (for short, 'the Commission') in Case No. 71 of 2913 is illustrative of how the appellants have become victim of rivalry between different factions of Karnataka Chemists and Druggists Association (Respondent No. 3) and they have been penalized by the Commission under Section 27 of the Competition Act, 2002 (for short, 'the Act') on the premise that there was an anti-competitive arrangement/understanding between Appellant No. 1, M/s Lupin Ltd. and Respondent No. 3 in violation of Section 3(1) of the Act." The aforesaid observation has also been reflected in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere was anti-competitive arrangement/understanding between 'M/s Lupin Ltd and Karnataka Chemists & Druggists Association' and some others. We have heard learned Counsel appearing on behalf of the Commission and Counsel appearing on behalf of Karnataka Chemists & Druggists Association. From the order dated 28.07.2016 passed by the Commission in case No. 71/2013, which was under challenge, it is clear that the Commission on perusal of the records has come to a definite conclusion that there was anti-competitive arrangement/understanding between M/s Lupin Ltd and Karnataka Chemists & Druggists Association. While holding so, the Commission further held that one Mr. K.E. Prakash, President - Karnataka Chemists & Druggists Association was also ..... X X X X Extracts X X X X X X X X Extracts X X X X
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