COMPETITION COMMISSION OF INDIA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Facts:

(2.) The State of Mizoram issued an Invitation for Expression of Interest (for short 'EoI') through respondent No.2, the Director, Institutional Finance and State Lottery (IF&SL) on 20/12/2011 inviting bids for the appointment of lottery distributors and selling agents for state lotteries to be organised by the Government of Mizoram in terms of the Mizoram Lotteries (Regulation) Rules, 2011 (hereinafter referred to as the 'Regulation Rules') framed under the Lotteries (Regulation) Act, 1998 (hereinafter referred to as the 'Regulation Act'). The EoI was for appointment of lottery distributors/selling agents to organise, promote, conduct, and market the Mizoram State Lottery through both conventional paper type and online system. The EoI specified that the minimum rate fixed by the Government of India is Rs.5 lakh per draw for Bumper and Rs.10,000 per draw for others - bids less than these rates would be summarily rejected. In pursuance of the EoI, five bids were received of which four were accepted. The accepted bids quoted identical rates as per the following table:

(3.) Respondent No.4 made a complaint to the CCI on 16.05.2012 under Sections 3 and 4 read with Section 19(1)(a) of the Competition Act and the complaint was registered as Case No. 24 of 2012. In order to complete the array of parties defined as per Civil Appeal No.10820/2014, we may note that respondent No. 3 is the Director General of CCI and both respondent Nos. 4 and 5 are private companies while respondent No. 6 is a partnership firm.