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“38. Mr Neeraj Kishan Kaul, learned Additional Solicitor General,
refuted the aforesaid submission with vehemence by urging that bid
rigging and collusive bidding are not mutually exclusive and these
are overlapping concepts. Illustratively, he referred to the findings of
CCI, as approved by COMPAT, in the instant case itself to the effect
that the appellants herein had “manipulated the process of bidding”
on the ground that bids were submitted on 8-5-2009 collusively,
which was only the beginning of the anti-competitive agreement
between the parties and this continued through the opening of the
price bids on 1-6-2009 and thereafter negotiations on 17-6-2009
when all the parties reduced their bids by same figure of Rs 2 to
bring their bid down to Rs 386 per kg from Rs 388 per kg. From this
example, he submitted that on 8-5-2009 there was a collusive
bidding but with concerted negotiations on 17-6-2009, in the
continued process, it was rigging of the bid that was practiced by the
appellants. We are inclined to agree with this pellucid submission of
the learned Additional Solicitor General.