CCI Dismisses Allegations of Abuse of Dominance against National Highways Authority of India

On July 7, 2020, CCI dismissed allegations of abuse of dominance against National Highways Authority of India (‘NHAI’).[1]  NHAI was alleged to have abused its dominant position by modifying the experience-related eligibility criteria for engaging consultants prescribed by in its tender documents. The allegation was that this experience requirement was not compliant with the standard tender document of the Ministry of Road Transport and Highways (parent ministry of NHAI).

While CCI did not find NHAI to be dominant, it proceeded to analyse the alleged conduct claiming that NHAI was a “key player” in the market. It observed that prescription of tender conditions such as including eligibility criteria is the prerogative of the procurer, which must not be interfered with, unless the terms and conditions are demonstrably unfair or discriminatory. CCI dismissed the case given the lack of evidence of abuse.

 

[1] In Re: Sandeep Mishra v. National Highways Authority of India, Case No. 13 of 2020, Order dated July 7, 2020.

Published In:Inter Alia Special Edititon - Competition Law - August 2020 [ English
Date: August 31, 2020