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Delhi HC while upholding order of Single Bench of HC which allowed CCI to investigate Mahyco Monsanto Biotech and its directors for alleged abuse of dominant position in India in Bt cotton business, has rejected the petition of Monsanto.
It was held that Officers or Directors can be investigated by CCI, along with the Company, in alleged violation of the Act. If the Company is found to be indulging in an anti-competitive act, a penalty can also be imposed upon them under Section 27 and 48 of the Act.
In 2016, CCI ordered investigation against directors of co. on the complaint by Monsanto's sub-licensees who alleged that the co. abused its dominant position by charging exorbitant prices.
For more: http://lobis.nic.in/ddir/dhc/VKR/judgement/18-12-2018/VKR18122018LPA6372018.pdf