COMPAT quashes CCI (majority) order levying penalty of Rs. 3.81 crores on Dr. L.H. Hiranandani Hospital (appellant) for entering into anti-competitive agreement with a stem cell banking company; Informant (lawyer) had alleged before CCI that appellant had entered into an agreement with LifeCell India Pvt Ltd and after its expiration executed an agreement with another stem cell banking co. and a patient availing appellant’s maternity services had to take another hospital’s services as it wanted LifeCell’s stem-cell banking services; Notes that informant was a third party not aggrieved by the agreement, states that “even though the Act does not prescribe any qualification to identify the locus of an informant, the Commission is expected to act with caution where the informant is a third party or a busy body, who may be espousing the cause of someone-else with ulterior motive”; Observes that no material was produced by informant to show that appellant had pressurised patient to terminate her agreement with LifeCell as a condition for providing maternity services, also notes that patient who wanted to avail stem cell banking services did not complain that due to refusal of appellant to allow LifeCell to collect stem cell at the time of her delivery had caused any loss, damage or harm to her; Thus, holds that CCI order was based on pure conjectures and imaginations and not on any concrete evidence, and states that CCI committed grave error by not examining the patient who was the most important player in the entire episode :COMPAT
The ruling was delivered by Justice G.S. Singhvi.
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