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India: CCI dismisses condom complaint against health ministry

 |  January 3, 2019

The Competition Commission of India (CCI) Wednesday, January 2, dismissed a complaint alleging unfair business practices against the Ministry of Health and Family Welfare and the Central Medical Services Society (CMSS) with regard to agreement for providing male contraceptives. The CMSS acts as the central procurement agency for health sector goods and services as required by the ministry.

The competition watchdog dismissed the complaint after finding no “prima facie” contravention of the Competition Act, the CCI stated in an 11-page order.

On allegation of violations of the Competition Act, the regulator observed that the ministry did not fall within the definition of “enterprise” under the competition norms as it is engaged in forming policies for health and public welfare.

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