Quoting Identical Prices In Tender Not Itself A Conclusive Proof Of Bid Rigging

Introduction

In respect of an open tender for surgical tapes dated 26.05.2016 invited by the All India Institute of Medical Sciences (AIIMS) (hereinafter, referred as the "Tender"), the Competition Commission of India (CCI) on a letter received by it dated 26.05.2016 from the Assistant Store Officer of AIIMS, took suo moto cognizance on the allegation of cartelization between two of the thirteen bidders of the Tender, namely, Romsons Scientific & Surgical Industrial Private Limited (hereinafter, referred as "Romsons") and BSN Medical Private Limited, now Essity India Private Limited (hereinafter, referred as "BSN" or "Essity").

It was noted by the CCI that both the bidders had quoted identical prices up to the last two decimal places for 4 out of the 8 items mentioned in the Tender. The CCI further observed that it was highly improbable for the two bidders to quote identical rates as the two bidders were operating in different regions, (Romsons was based in