(1.) THIS is an application by the respondent praying that the notice of enquiry dated the 10th June, 1976, issued by the Monopolies and Restrictive Trade Practices Commission (hereinafter referred to as " the Commission ") be discharged and that the inquiry initiated as a result of the said notice be terminated or dropped.
(2.) The respondent is a public limited company doing business, inter alia, in the sale and supply of electrical stampings and laminations. The Commission started a suo motu inquiry against the respondent under Sections 10(a)(iv) and 37 of the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as " the Act "), on the basis of their own knowledge and information. A notice of enquiry dated the 10th June, 1976, was issued to the respondent alleging that in the sale and supply of motor stampings, fan stampings and standard type laminations, the respondent had been and was indulging in the following restrictive trade practices :
" Giving rebate on the selling price for the sale of motor stampings, fan stampings and standard type laminations on the basis of quantity ordered and supplied, i.e. ;
It was also alleged in the notice that this trade practice appeared to have or might have the effect of preventing, distorting or restricting competition amongst the buyers of motor stampings, fan stampings and standard type laminations.
(3.) THE respondent filed its memorandum of appearance on or about the 30th June, 1976. It also filed a reply dated the 11th September, 1976, to the notice of enquiry. In para. 4 of its reply the respondent stated that it admitted that it granted a rebate at the rates specified in the notice and the granting of such rebates was dependent upon the quantities of such stampings and laminations ordered by or sold to a particular buyer. It also stated that the rebates were granted uniformly to all buyers of the respondent without any discrimination whatever.;