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Mayank   31 December 2017

Abuse of dominant position

Hello

If a government department have asked for exorbitantly high elegibility conditions such as turnover/ networth/ number of employees etc which do not justify the tender value at all but just to affect competetion and let only some specific party to get eligible for tender. Can it be challanged under competetion act section 4(1)? or under any other section of the act? If yes please explain and provide the procedure to file complaint under the act.

Thanks



Learning

 4 Replies

R.Ramachandran (Advocate)     31 December 2017

Such conditions imposed by Govt. or any other Organization while inviting tender(s), cannotbe challenged under competion Act.  

You may think that such conditions do not justify the tender value or meant just to affect competetion and to let only some specific party to get eligible for tender.  At best that is your view.  That's all.

 

Vijay Raj Mahajan (Advocate)     03 January 2018

Section 4(1) of the Competition Act, 2002 Abuse of dominant position: (1) No enterprise shall abuse its dominant position.

 

In the particular case the tender is opened by Government department not any dominating or big enterprise.

The Government department tender are not being done on behalf of any particular enterprise but for all enterprises in market. The terms and conditions seems to be difficult to be fulfilled by few enterprises will not mean it’s done purposely for the benefit of a particular enterprise only.

 There seems to be discrimination done by the government department with mala-fide intentions if you can prove by sufficient documentary evidence that can be challenged by filling Writ of Mandamus in the High Court or Supreme Court of India against the Government department.

 

James Medina   04 January 2018

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Jessie Fisher   04 January 2018

Government departments need to look are the profiles of the persons they hire. Government jobs and tenders are somehow treated with kindness, because the tender applicants are relatives or friends of the Accountant. This is really a big problem that is being faced by top essay writing services reviews. You are such a great person who stood against that wrong culture.


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