VidhiSangh

Supreme Court of India · 19/01/2022

COMPETITION COMMISSION OF INDIA versus STATE OF MIZORAM & ORS.

[2022] 13 S.C.R. 876 · 2022 INSC 64

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Summary

The CCI investigated alleged cartelisation and bid rigging in selection of Mizoram lottery distributors. The Court held that lottery regulation and its possible character as res extra commercium did not exclude competition scrutiny of that tender process. Selling agents provided services within the Act’s expansive definition. The High Court’s intervention before a final CCI decision was premature. Proceedings against private parties were allowed to continue, while the State’s petition was closed on the CCI’s assurance that it would not proceed against the State.

Issues

  1. Whether the Competition Act applied to alleged bid rigging in a state-lottery distributor tender.
  2. Whether the High Court should have stopped proceedings before the CCI reached a final decision.

Provisions considered

Held

Result

Appeals allowed; High Court judgment set aside, State’s writ closed and private parties’ writ petitions dismissed; CCI proceedings to continue; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 876.