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The present information has been filed under section 19(1) (a) of the Competition Act, 2002 ('the Act') by Indian Exhibition Industry Association ('the informant'/IEIA) against Ministry of Commerce & Industry ('opposite Competition Commission of India party no. 1') and India Trade Promotion Organization ('opposite party no. 2 / ITPO') alleging inter alia contravention of the provisions of sections 3 and 4 of the Act.

2. The informant has claimed to be a non-profit association of exhibition organizers/ Venue Owners/ Service providers, registered under the Delhi Co- operative Societies Act, having the objectives of inter alia promoting the development of the Trade Fairs & Exhibition Industry and support its orderly growth as well as to hold regular conferences, seminars, trade fairs/ shows.

11. On the basis of above averments and allegations, the informant has contended that the activities of ITPO were 'anti-competitive' in nature and adversely affected the competition inter se the opposite party and the members of informant. That ITPO abused its dominant position in contravention of section 4 of the Act and was adversely affecting the competition and the interest of the players in the exhibition industry. The informant prayed inter alia, to inquire into the contraventions of the provisions of section 3(1) and section 4(1) of the Act.

12. The Commission considered the matter and heard the counsels of the informant, who explained its case in the ordinary meeting of the Commission held on 30.01.2013.

13. Thereafter, the Commission in its ordinary meeting dated 12.02.2013 heard the representatives of ITPO who informed that ITPO had recently brought in a competition friendly/ uniform policy for licensing of exhibition space and facilities in Pragati Maidan for future exhibitions/ fairs and the Competition Commission of India earlier anomalies stood rectified. They assured the Commission that they would file a copy of the new guidelines/ policy within 15 days. The Commission thus decided to take a final view in the matter after considering the modified guidelines.

26. It is ordered accordingly.

27. The Secretary is directed to send a copy of this order to the office of the DG. DG shall investigate the matter about violation of the provisions of the Competition Act. In case the DG finds OP company was in violation of the provision of Competition Act, it shall also investigate the role of the person who at the time of such contravention were incharge of and Competition Commission of India responsible for the conduct of the business of the Company so as to fix responsibility of such persons under section 48 of the Competition Act. DG shall give opportunity of hearing to such persons in terms of section 48 of the Competition Act. The report of DG b submitted within 60 days from receipt of the order.