MAHARASHTRA GENERAL KAMGAR UNION Vs. HINDUSTAN LEVER LTD
MONO POLIES AND RESTRICTIVE TRADE PRACTICES COMMISSION
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A.N. Varma, J. (Chairman) -
(1.) THIS order will dispose of an application filed by the complainants under Section 12A of the Monopolies and Restrictive Trade Practices Act as well as the issue whether the petition (complaint) submitted by them under Section 10(a)(i) read with Section 37 of the Monopolies and Restrictive Trade Practices Act along with Section 12A against the Hindustan Lever Limited (hereinafter referred to as "HLL") and Tata Oil Mills Co. Limited (referred to as "TOMCO", in short) is maintainable, and, if so, whether an enquiry should be ordered under the said provisions.
(2.) Both the complaint as well as the injunction application are directed against a proposed scheme of amalgamation submitted by HLL and TOMCO for the merger of TOMCO with HLL. The complaint was submitted on September 20, 1993, alleging that the merger, if allowed to take place, shall completely eliminate competition in the market of soaps and detergents. At any rate, it shall have the effect of preventing, distorting and restricting competition in these products.
The interim injunction claimed by the complainants was to restrain the two respondents from putting into practice the impugned agreement (the proposed scheme of amalgamation) during the pendency of the enquiry by the Commission against the respondents.
(3.) THE first complainant, Maharashtra General Kamgar Union, is a union of industrial workers stated to be engaged in industries related to the production or supply of various products including soaps and detergents. THE second complainant is a union of employees of HLL. THE third complainant, a trade union solidarity committee claims to be an association of trade unions of workers engaged in diverse occupations in different trades in and around Bombay. Ms. Sujata Gothoskar who is a household consumer and claims to be a journalist by profession, is the fourth complainant. Complainant No. 5, a consumer, Shri Harish Chandra Pande, says he is a shareholder of HLL.;
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