Competition Commission Can Probe Anti-Competitive Aspects Of Res Extra Commercium Businesses Like Lottery
Case: Competition Commission of India v. State of Mizoram And Ors.
Corum: Justices Sanjay Kishan Kaul and M.M. Sundresh
Case No.: Civil Appeal No. 10820-10822 of 2014
Court Observation: “There was no conflict in the interplay of the two Acts that even needed reconciliation or prohibition against either one, as the limited scrutiny was to examine the mandate of Section 3(1) read with Section 3(3) of the Competition Act. Lotteries may be a regulated commodity and may even be res extra commercium. That would not take away the aspect of something which is anti-competition in the context of the business related to lotteries.”
“The lottery business can continue to be regulated by the Regulation Act. However, if in the tendering process there is an element of anti-competition which would require investigation by the CCI, that cannot be prevented under the pretext of the lottery business being res extra commercium, more so when the State Government decides to deal in lotteries.”
“2(u) “service” means service of any description which is made available to potential users and includes the provision of services in connection with business of any industrial or commercial matters such as banking, communication, education, financing, insurance, chit funds, real estate, transport, storage, material treatment, processing, supply of electrical or other energy, boarding, lodging, entertainment, amusement, construction, repair, conveying of news or information and advertising;” “Suffice for us to say the inclusive mentioning does not inhibit the larger expansive definition.”
Previous Posts
Application For Initiating CIRP Has To Be Rejected If A Dispute Truly Exists In Fact And Is Not Spurious, Hypothetical Or Illusory: Supreme Court Download Judgement
Keywords
Competition Commission, Anti-Competitive Aspects, Lottery
