1.
INTRODUCTION
In a recent order1 dated October 5, 2017 (the
"Order"), the Competition Commission of
India (the "CCI") found Grasim
Industries Limited ("GIL"), Aditya Birla
Chemicals (India) Limited
("ABCIL") and Gujarat Alkalies and
Chemicals Limited ("GACL") in
contravention of Section 3(1) read with Section 3(3)(d) of
the Competition Act, 2002 (the "Act') for
rigging Delhi Jal Board ("DJB")
tenders, which were floated for the public procurement of Poly
Aluminium Chloride ("PAC") used
in the purification of water.
2.
BACKGROUND
Following the information filed by the DJB, alleging
GIL, ABCIL, GACL and Kanoria Chemicals and Industries Limited
("KCIL") (collectively, the
"Opposite Parties") of
collusively tendering and price cartelisation over a series
of annual tenders for the public procurement of PAC, the CCI
had, in its prima facie opinion, found the Opposite Parties
to be in contravention of the provisions of Section 3
(
