The scope of the Competition Act was considered by the CCI in another recent decision, which involved allegations of abuse of dominance against Adani Group entities, the Solar Energy Corporation of India (‘SECI’), and certain state distribution companies and other government entities.

In its Order closing the case at the threshold stage, CCI observed that several allegations raised by the complainant were not within the purview of the Competition Act. This included allegations that SECI’s tenders for the procurement of solar power violated guidelines issued by the Ministry of Power. The complainant had also raised certain allegations regarding bribery by the Adani Group entities, which were dismissed by the CCI, as they neither qualified as exclusionary nor exploitative conduct under the Competition Act. The CCI also affirmed that tender design is effectively the prerogative of the procurer and cannot typically be considered anti-competitive conduct.

The CCI’s Order reinforces that grievances arising under other regulatory regimes do not, on their own, amount to competition concerns.