CCI has dismissed a complaint alleging anti-competitive practices in agreement for providing male contraceptives against Ministry of Health and Family Welfare and Central Medical Services Society (CMSS), holding that Ministry did not fall within definition of enterprise under the Act as it is engaged in policy-making for health and public welfare.

It was alleged that CMSS abused its dominant position by forcing the informant to sign the agreement without negotiation and contained unfair terms like printing/packing requirements on the product.

CCI held:

• Relevant market was market for male condoms in India and CMSS is not dominant.
• Printing/packing requirements are only for products to be supplied to CMSS. 
• Conditions of agreement neither restrict the company from dealing in goods other than those supplied to Ministry nor impose any restriction to sell goods to any buyer. 
• No prima facie case of violation of S. 3(4) or S. 4 of the Act.

For more: https://www.cci.gov.in/sites/default/files/45-of-2018.pdf