Competition Commission's Radar Pricks Another Case Of Collusive Bidding

In order to control and uphold the competitiveness in the Indian economy, the Competition Commission (hearinafter "Commission") of India has passed a plethora of commendable orders whereby the large players in the market have missed the chances of "clever" marketing and trading.

The Competition Act, 2002 (hereinafter referred to as "the Act") defines "bid rigging" as "any agreement, between enterprises or persons referred to in sub-section (3) engaged in identical or similar production or trading of goods or provision of services, which has the effect of eliminating or reducing competition for bids or adversely affecting or manipulating the process for bidding."

In the recent case of Western Coalfields Limited vs SSV Coal Carriers Private Limited CCI (Case No. 34 of 2015) the Court observed that identical prices in Tenders are a violation of the principles of Competition laws. A brief set-up of the case and the significant points of interpretation observed by