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Supreme Court of India 2022-01-19 allowed

M/S. TAMARAI TECHNOLOGIES PVT. LTD vs STATE OF MIZORAM & ORS

Bench: 2 — Sanjay Kishan Kaul, M.M. Sundresh

In Brief

The Supreme Court held that the Competition Commission of India has jurisdiction to investigate allegations of bid rigging and cartelization in a tender process for lottery distributors, despite lotteries being a regulated commodity. The Court rejected the argument that lottery business is 'res extra commercium' (outside commerce) and thus beyond the Competition Act's scope. The expansive definition of 'service' in the Competition Act covers lottery distribution. The Court also found that the High Court's intervention at an interim stage, before the CCI completed its investigation, was premature and unjustified. The Court allowed the CCI to proceed with its inquiry, subject to appellate remedies available under the Competition Act.

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Competition Law Cartelization Bid Rigging Jurisdiction of CCI Regulatory Statutes and Competition Administrative Law High Court Writ Jurisdiction Appellate Remedies

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