been restrained from exporting the same to India at
allegedly predatory prices.
Respondent No.1 is an association of float glass manufacturers
in India. During ... they were
manufacturing float glass and were selling the same at predatory
prices in India, and were hence resorting to restrictive and unfair trade
practices
been restrained from exporting the same to India at
allegedly predatory prices.
Respondent No.1 is an association of float glass manufacturers
in India. During ... they were
manufacturing float glass and were selling the same at predatory
prices in India, and were hence resorting to restrictive and unfair trade
practices
their annual
tumover and the projected annual expenditure raised suspicions of predatory
pricing. Considering the above and relying on OM dated 06"^ Febmary ... including detailed price analysis, to assess their capability to deliver
the contract as per the offered price. The emphasis on detailed price analysis
and bidder
decision of
dual pricing to control unfair trade practice and not to
accept lowest price-Held, dual pricing under certain
circumstances may be reasonable-Railways ... mere offer of a lower price by itself though may
appear to be predatory, does not manifest the requiste
intent to gain monopoly
Certain anti-competitive practices should
be presumed to be illegal. Blatant price,
quantity, bid and territory sharing agreements
and cartels should be presumed ... upon for which relevant
market will be an important factor.
6. Predatory pricing will be treated as an
abuse, only if it is indulged
goods or
service; or
(ii) price in purchase or sale (including
predatory price) of goods or service.
Explanation.— For the purposes of this clause ... unfair or discriminatory price in purchase or sale of
goods (including predatory price) or service referred
to in sub-clause (ii) shall not include such
goods or
service; or
(ii) price in purchase or sale (including
predatory price) of goods or service.
Explanation.— For the purposes of this clause ... unfair or discriminatory price in purchase or sale of
goods (including predatory price) or service referred
to in sub-clause (ii) shall not include such
next question for our consideration is : does the
principle of predatory pricing apply to the contract of the like
involved in this appeal ? The learned ... wherein
this court did discuss the principle of predatory pricing in the
context of carteling or creating monopolistic rights. The facts
involved in the said
grievance of the respondents is that import is being made at predatory prices. The challenge is to the actual import. But allowing such a challenge ... Government in permitting import of float glass even at predatory prices is valid or not. The Commission cannot prohibit import, its jurisdiction commences after import
instant case, shall definitely directly and/or
indirectly determine the sale price of the subject pipes and there is strong likelihood of the
same directly ... public funds by fixing high price or by fixing a predatory price for the purpose of
totally eliminating other contenders from the market
