factors, the CCI came to the conclusion
that it did suggest collusive bidding. Thereafter, the CCI analyzed these
bids for each States and found that ... collusive conduct. In other words, the very
nature of the industry cannot be used as a factor to presume collusion
because collusion itself requires
practices which
directly or indirectly resulted in bid rigging or collusive bidding in contravention
of the provisions of Section ... bid rigging even includes an
agreement that has the effect of reducing competition for bids or adversely
affecting or manipulating the process of bidding. Therefore
prima facie view that the
case involved bid rigging and/ or collusive bidding in violation of Section 3(3)
read with Section ... examined allegations of cartelisation and bid-
rigging and/ or collusive bidding
Section 3 of the Act as they have engaged in
collusive bidding for projects with MAHAGENCO thereby scuttling any
competition between themselves and raising unnecessary ... also found by the DG as
amounting to bid rigging/collusive bidding in violation of Section 3(3)(d)
read with Section
practices which directly or indirectly
resulted in bid rigging or collusive bidding in Tender no. 59 of 2014 in
contravention of the provisions of Section ... Investigation:
10. The DG examined cartelisation and bid-rigging/collusive bidding by OP-1,
OP-2, OP-3 and OP-4 in Tender
Competition Act, 2002 (hereinafter, 'Act'), alleging bid
rigging/collusive bidding by Hitachi Systems Micro Clinic Pvt. Ltd.
(hereinafter, 'Opposite Party ... entire bidding process,
OPs acted in collusion and thereby, rigged the process. Such alleged
collusive bidding caused huge loss to public exchequer. The gist
ground of collusive practice. It is further stated
that loss is inbuilt in a case of fraudulent or collusive bidding. It is also
stated that ... bidding entitles and thus were competitors in
bidding, why both companies resolved to have a common
authorised representative. Does it not amount to "collusive
Competition Act, 2002 (hereinafter, 'Act'), alleging bid
rigging/collusive bidding by Hitachi Systems Micro Clinic Pvt. Ltd.
(hereinafter, 'Opposite Party ... entire bidding process,
OPs acted in collusion and thereby, rigged the process. Such alleged
collusive bidding caused huge loss to public exchequer. The gist
other benefit maybe obtained or an obligation
avoided.
(c) any collusion, bid rigging or anticompetitive
behaviour that may impair the transparency,
fairness and the progress
Jaiprakash Associates Ltd vs Competition Commission Of India & Ors on 25 July, 2018
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