CCI competition order Case No. 09 of 2024 · 04 May 2026
Official title
Mr. Mohit Vs. Pernod Ricard India Private Limited, United Spirits Limited (Diageo), Bacardi India Private Limited, Waves Distilleries and Breweries Private Limited, ADS Spirits Private Limited, Modi Illva India Private Limited, Radico Khaitan Limited And Others.
Summary
Check the official recordThe Competition Commission of India has directed an investigation under Section 26(1) of the Competition Act, 2002, into alleged anti-competitive conduct by Pernod Ricard India Private Limited and several associated wholesalers and retailers. The Commission found a prima facie case of 'exclusive dealing agreements' under Section 3(4)(b) read with Section 3(1) of the Act, involving Pernod Ricard's use of corporate guarantees and inconsistent credit notes to induce retailers to push its brands, potentially distorting competition in the Indian Made Foreign Liquor market in the NCT of Delhi. The investigation will focus on Pernod Ricard, Indo Spirits, Pathway HR Solutions, Universal Distributors, Khao Gali, Bubbly Beverages, Shiv Associates, and Organomix Ecosystems.
What you must do
Key dates
Who is affected
If you do not comply
Case No. 09 of 2024
COMPETITION COMMISSION OF INDIA Case No. 09 of 2024
Mr. Mohit B-201, Flat No. 103, Golden Height Apartments, Rajendra Marg, Bapu Nagar, Jaipur – 302015
Informant
Pernod Ricard India Private Limited Atelier No. 10, Level 1, Worldmark 2, Aerocity, New Delhi-110037
Opposite Party No.1
United Spirits Limited (Diageo) UB Tower 24, Vittal Mallya Road, Bangalore-560001 Opposite Party No.2
Bacardi India Private Limited S 405, LGF Greater Kailash, Part II, New Delhi-110048 Opposite Party No.3
Waves Distilleries and Breweries Private Limited Unit No. 29, K-185/1/T/F, Sarai Julaina, New Delhi-110025 Opposite Party No.4
ADS Spirits Private Limited FF-2 Harmony Appt. 52/78, Punjabi Bagh, New Delhi-110026 Opposite Party No. 5
Modi Illva India Private Limited 1513, Modi Tower, 98 Nehru Place, New Delhi-110019 Opposite Party No. 6
Radico Khaitan Limited Bareilly Road, Rampur, Uttar Pradesh-244901
Opposite Party No.7
Buddy (Punjab) Bottlers Private Limited Khewta No. 301/444, Khasra No. 227(6-0), Mardanpur, Patiala-140417
Opposite Party No.8
Gemini Distilleries Private Limited 29/1 & 29/2, 7th Cross Road, Vasanth Nagar, Bangalore-560052
Opposite Party No.9
Omsons Marketing Private Limited Quila Chowk, Faridkot, Punjab-151203
Opposite Party No.10
Som Distilleries and Breweries Limited 1A, Zee Plaza, Arjun Nagar, SJ Enclave, Kamal Cinema Road, New Delhi-110029
Opposite Party No.11
Allied Blenders and Distilleries Limited 394-C, Lamington Chambers, Lamington Road, Mumbai-400004
Opposite Party No.12
Alcobrew Distilleries India Private Limited C-423, Sarita Vihar, Delhi-110076
Opposite Party No.13
Empire Alcobrev Private Limied Plot No. 58, Industrial Area, Phase II, Chandigarh-160002
Opposite Party No.14
Enrica Enterprises Private Limited 85, Matruvazhi Salai, Bypass Road, Poonamallee, Chennai-600056 Opposite Party No.15
International Spirits & Wines Association of India 90/31B, 1st floor, Malviya Nagar, New Delhi-110017
Opposite Party No.16
Indo Spirits Private Limited B-230, Okhla Phase-1, New Delhi-110020
Opposite Party No.17
Diwan Spirits A-142, DDA Shed, Okhla, New Delhi-110020
Opposite Party No.18
Mahadev Liquors B-303, Okhla Industrial Area, Phase-I, Delhi-110020
Opposite Party No.19
Shiv Associates B-142, Okhla Industrial Area, Phase-1, Delhi-110020
Opposite Party No.20
KSJM Spirits LLP Second Floor, F16, Okhla Industrial Area, Phase-1, New Delhi-110020
Opposite Party No.21
Lakeforest Wines Private Limited E-186, Basement, Greater Kailash- I, New Delhi-110048
Opposite Party No.22
Brindco Sales Private Limited A-72, Okhla Industrial Area, Phase-II, New Delhi-110020
Opposite Party No.23
Khao Gali Restaurants Private Limited B-115, 2nd Floor, DDA Shed, Okhla Phase 1, New Delhi-110020 Opposite Party No.24
Magunta Agro Farms Private Limited 17/276, Old Post Office Road, Nellore, Andhra Pradesh-524001
Opposite Party No.25
Path2way HR Solutions Private Limited 701-702, R.G Trade Tower, Netaji Subhash Place, Pitampura, New Delhi-110034
Opposite Party No.26
Sainik Industries Private Limited 606-607, 6th Floor, Commercial Space, Hotel Le Meridien, New Delhi-110001
Opposite Party No.27
Sri Avantika Contractors (I) Limited 7/1/618. 610, Nilgiri Block, Aditya Enclave, Ameerpet, Hyderabad-500016
Opposite Party No.28
Trident Chemphar Limited SY. NO 66 & 67, Miyapur NA , Hyderabad-500050
Opposite Party No.29
Pathway HR Solutions Private Limited 12-13-677/102, Street No. 1, Kimtee Colony, Tarnaka, Secunderabad-500017
Opposite Party No.30
Popular Spirits LLP S-363, First Floor, Greater Kailash, Part-II, New Delhi-110048
Opposite Party No.31
Organomix Ecosystems Private Limited Flat No. 3, Rams Flats, New No. 23, Old No. 9, Dr. Nair Road, T-Nagar Chennai-600017 Opposite Party No.32
Buddy (T-1D) Retail Private Limited D-240, T/F, Defence Colony, New Delhi-110024
Opposite Party No.33
Universal Distributors R-13, Tara Apartment, Alaknanda, New Delhi-110019
Opposite Party No.34
Haryana Organics [A Unit of Globus Spirits Limited] F-0, Ground Floor, The Mira Corporate Suites, Plot No.1&2, Ishwar Nagar, Mathura Road, New Delhi-110065
Opposite Party No.35
Rock and Storm Bottlers Private Limited Plot No. 214, Industrial Area, Phase- 1, Chandigarh-160002
Opposite Party No.36
Super Distilleries Private Limited Plot No. 145, Industrial Area, Phase-1, Chandigarh-160002
Opposite Party No.37
Frost Falcon Distilleries Limited 406, Elegance Tower, Plot No. 8, Jasola, New Delhi-110025
Opposite Party No.38
Kala Amb Distillery & Brewery Private Limited 801, Best Sky Tower, Netaji Subhash Place, New Delhi-110035
Opposite Party No.39
Queen Distillers & Bottlers (P) Limited DGL-018, DLF Galleria Mall, Mayur Vihar Extension, Phase-I, New Delhi-110091 Opposite Party No.40
Bubbly Beverages Private Limited B-115, 2nd Floor, DDA Shed, Okhla Phase 1, New Delhi-110020 Opposite Party No.41
Ms. Ravneet Kaur Chairperson
Mr. Anil Agrawal Member
Ms. Sweta Kakkad Member
Mr. Deepak Anurag Member
The instant Information has been filed by Mr. Mohit (‘Informant’), alleging contravention of the provisions of Section 3 of the Competition Act, 2002 (‘Act’) by the Opposite Parties (‘OPs’), which are primarily engaged in the business of manufacturing/selling alcoholic beverages.
The Informant is stated to be working in the charitable field. It is stated that the Informant also aims to take up public interest litigations on important public issues.
The Informant has raised allegations of bid rigging in tenders invited by the Department of Excise, Entertainment and Luxury Tax (‘Excise Department’) for the grant of licence for wholesale supply of country liquor in the National Capital Territory (‘NCT’) of Delhi for the year 2022-23. It is stated that with regard to tender dated 22.04.2022, invited by the Excise Department for wholesale supply of country liquor in the NCT of Delhi for the year 2022-23, the total quantity of country liquor to be supplied by the holders of L-3 Licenses was expected to be 300 lakh litre, subject to variation of (upto plus or minus) 25% of 50 degree Under Proof (‘UP’) ordinary spiced caramel coloured country liquor during the licensing period. With regard to the said tender, the Informant has alleged that two of the participants had intentionally disclosed their financial rates which is not only in violation of the tender conditions but also a collusive practice, due to which, the said tender was cancelled. In this regard, reference has been made to the order dated 20.05.2022 issued by the Excise Department, the relevant extract of which reads that “…the Scrutiny Committee observed that two bidders, namely, M/s Empire Alcobrev Pvt. Ltd. and M/s Haryana Organics (A unit of Globus Spirits Ltd.) have violated the tender conditions by disclosing their respective financial quote in the tender form. As such, their bids have been disqualified…In view of above circumstances, the Competent Authority has decided to cancel the above and re-float the same on the same Terms & Conditions…”.
The Informant has further stated that a fresh tender was issued on 24.05.2022 for grant of wholesale license for supply of country liquor in the NCT of Delhi for the year 2022-23 as the previous tender was cancelled. However, the Excise Department vide its order dated 25.07.2022 again cancelled the aforesaid tender on the ground of cartelization and bid rigging by noting that “…During scrutiny of bids, the Committee members observed that the rates quoted by the bidders are in very narrow band of Rs. 421/- to 423/-, which prima facie points towards possible formation of pool by the bidders,… In view of the above, the Competent Authority has decided to cancel the above tender and re-float the same on the same terms & conditions…”. The Informant has alleged that narrow range of prices would not have been possible unless the OPs directly or indirectly determined prices, allocated tenders and coordinated bid prices, thereby manipulating the bidding process for supply of country liquor.
The Informant has alleged that the OPs continued to engage in bid rigging by submitting close range of prices in the third tender dated 27.01.2023. The Informant has stated that percentage increase in rates quoted in tender dated 27.01.2023 in comparison to tender dated 24.05.2022 is similar for the OPs. It has also been stated that the OPs increased their prices per 9 BL (Bulk Litre) in the range of 11% to 14%. It has been alleged that such an increase would not have been possible unless they were acting in concert. The details of rates are as under:
