V. Kameswar Rao, J. - (1.) Exemption allowed, subject to all just exceptions. Application stands disposed of. LPA 658/2018 The present appeal has been filed by the appellant challenging the order dated November 13, 2018 passed by the learned Single Judge in W.P. (C) 12129/2018, whereby the learned Single Judge has dismissed the writ petition. The challenge in the writ petition was to an order dated July 05, 2017 passed by the Competition Commission of India (hereinafter 'CCI') under Section 26(1) of the Competition Act, 2002 (hereinafter 'the Act of 2002'), whereby the Commission has directed the Director General to cause an investigation into the matter and submit an investigation report within 60 days from the receipt of the said order.
(2.) The appellant has also impugned an order dated October 29, 2018 passed by the CCI rejecting the appellant's application for review and recall of the impugned order dated July 05, 2017. It is noted from the record that the proceedings before the CCI were commenced pursuant to a letter dated March 22, 2017 received from the National Pharmaceutical Pricing Authority, Department of Pharmaceuticals (NPPA) requesting the CCI to analyse the alleged anti-competitive agreement between four leading pharmaceutical companies namely, Novartis India, Abbott Healthcare Pvt. Ltd. (appellant herein), USV Ltd., and Emcure Pharmaceutical Limited. The allegation against the said manufactures is that they were controlling the prices of the oral diabetes drugs containing the Active Pharmaceutical Ingredient (API) Vildagliptin. In addition to the pricing data furnished by NPPA, the CCI also had also received an anonymous e-mail enclosing therewith an e-mail dated July 29, 2016 purportedly sent by one of the employees of the appellant, which indicated that there was an understanding to maintain the price of drugs across the country.
(3.) The plea on behalf of the appellant before the learned Single Judge was; (i) the CCI was required to take an informed view regarding both the veracity of the e-mail as well as also the data provided by NPPA so as to form a prima facie opinion; (ii) without considering the appellant's contentions, the CCI could not have formed a prima facie view, which it was required to form in terms of Section 26 of the Act, more so in light of Section 36(2) of the Act of 2002, which expressly conferred with CCI the powers of a Civil Court under the Code of Civil Procedure which includes summoning and enforcing the attendance of any person; and (iii) Regulation 17(2) of the Competition Commission of India (General) Regulations, 2009 in terms of which the Commission is empowered to invite the information provider and such other person as is necessary for a preliminary conference. In substance, it was the submission on behalf of the appellant before the learned Single Judge that it was incumbent upon the CCI to exercise such powers and form a prima facie view after conducting due enquiry.;