Unfaircompetiton/ relief under competition act 2002
GURVINDER
(Querist) 27 June 2013
This query is : Resolved
My firm is manufacturing an instrument since year 2000 and has been a supplier to various govt agencies across india and is also involved in exports of the same as well . Our competitor a company established in the year 1993 under companies act is manufacturing same instrument and selling them to govt agencies since 1993.
Food corporation of India is the largest user of this instrument in india and whichever product Food corporation of India purchases becomes an Industry standard and all other agencies and departments who deal in procurement or storage of food grains on behalf on food corporation also purchases similar equipments by default . Food corporation Of India has been purchasing this instrument from our competitor since 1993 through various tenders and everytime they do so they incorporate specifications and other terms and conditions of the tender in such a way that only our competitor becomes successful bidder. Food corporation of India doesnot have any guidelines or procedures to formulate specifications of this instrument instead incorporates specifications of our competitors as mentioned in their catalogues to the extent that the tender specifications even mentions the dimensions , weight of the equipment . Since Food corporation of India always purchases this instrument from our competitors , we loose huge business with other prospective buyers( govt agencies who follow Food corporation of India specifications) . Our competitors participates in tenders with their dummy firms which finally lead to award of contracts to them . Inspite of making efforts with the department we have failed to ensure fair tender guidelines and terms in last 13 years . Now our competitors are getting specifications of their design patented product incorporated which has finally resulted in no competition at all and they are selling their product at exorbitant amount to the government and have succeeded in eliminating competition completely .
Records received from FOOD CORPORATION OF INDIA and other government departments through RTI clearly indicates dominant position of our competitor and its clearly evident that these departments have never purchased this instrument from any other supplier since last so many years .
I seek advise if we can seek relief against Food corporation of India and other departments to make fair specifications and terms of tenders to encourage participation from other firms and competition . Also can we seek temporary injunction against some annual rate contracts awarded to our competitors by framing biased specifications and terms.
I understand from my research that I can file an appeal with CCI under competitions act 2002 , I am looking for a lawyer with proven track record to represent us for the same .
Setu Niket
(Expert) 29 June 2013
With the advent of the Competition law, many actions by Corporations/Statutory bodies/Companies which play a vital role in ensuring fair play and competition.
The documents which you are in possession need to examined so as to establish that the actions of FCI constitutes unfair competition.
Kindly contact with the documents so as to examined and provide definitive opinion.
Kind Regards
Setu Niket
Advocate
9873109672
