ArchiveJuly 2020

Identical Bids as Evidence of Bid Rigging: Reconciling Excel Crop Care and Rajasthan Cylinders

[Soumil Jhanwar is a 4th year B.A. LL.B. (Hons.) student at the National Law School of India University, Bengaluru] To establish bid rigging under section 3(3)(d) of the Competition Act, 2002 one must prove that the bidders had entered into an “agreement”, which has the effect of manipulation of bids. As per section 2(b) of the Act, an agreement need not be formal or written, and can be in the...

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