Commission alleging that M/s. Steel Authority of India
Ltd. (for short `SAIL') had, inter alia, entered into an exclusive supply
agreement with Indian ... Railways for supply of rails. The SAIL, thus, was
alleged to have abused its dominant position in the market and deprived
others of fair competition
10th November, 2014 enquired from the counsels,
that the Supreme Court in SAIL (supra) having held the power exercised by
the CCI at the stage ... opening
arguments was:
(i) that the judgment of the Supreme Court in SAIL (supra) is not a
bar to entertaining an application for recall
Case No. 01/2011 (Airlines) Main ... vs . Sail Civil Appeal No. 7779 Of 2010. In ... on 11 January, 2012
COMPETITION COMMISSION OF INDIA
Dated ... refiner
\5~>.t-* -.r \..:'w
C:Cl vs. SAIL Civil Appeal No. 7779 of 2010. in this case CCI had appealed
reported in (2010) 10
SCC 744, (hereinafter referred to as CCI v. SAIL) while
upholding the order passed by the Competition Commission of
India (hereinafter ... been contended
that the Hon'ble Supreme Court in CCI v. SAIL has held that the
CCI while passing an order under Section
SAlL").
1.2 The information alleges abuse of dominant position by SAIL in violation of
Section 4 (1) of the Act. As per the information ... SAIL has entered into an exclusive
supply arrangement with Indian Railways (IR) through Memorandum of
Understanding (MOU) dated 1.2.2003. It is alleged that the said
4334/2020
10
• Subsequent to the decision in CCI Vs. SAIL, the
Commission has started publishing orders passed
under Section ... test the veracity of
allegations made in the information;
• In CCI Vs. SAIL, the Hon'ble Supreme Court of India
has held that parties
that even state-owned firms like Steel
Authority of India Limited ('SAIL') and Rashtriya Ispat Nigam Limited
('RINL') have raised ... major primary steel
manufacturers, two each from public and private sectors, viz. SAIL, RINL,
Tata Steel Limited (TSL) and JSW Steel Limited (JSW). Further
JSPL) submitted information on
16.10.2009 against Steel Authority of India Ltd. (SAIL). The gist of the information is
that SAIL entered into an exclusive supply ... market access was denied to JSPL. It was stated that SAIL is a dominant
player in the market and that by the denial of market
this petition has been heard finally.
2. The Steel Authority of India („SAIL‟) challenges an order dated 17 th
March 2011 and a consequential order ... providing information to
the CCI alleging that the Petitioner SAIL had inter alia entered into an
exclusive supply agreement with Indian Railways („IR‟), Respondent
impugned order.
ii) The respondents 1 to 3 relied on SAIL case, 2010 (10) SCC 744 and Chettinad case (W.P.7233 of 2016) dated ... liable to be rejected for the following reasons.
(a) Neither the SAIL nor Chettinal have held that the Writ petition is not maintainable against every