In January 2015, CCI passed an order under Section 27 of the Act directing the Dumper Owners’ Association (‘DOA’) to cease and desist from engaging in conduct which it found to be in contravention of Section 3 of the Act (‘Final Order’). Subsequent to the Final Order being passed, Seaways Shipping and Logistics Limited (‘SSLL’) and Paradip Port Trust filed applications be- fore CCI stating that by failing to provide dumpers despite repeated requests, the DOA was in violation of the Final Order. These applications were registered as applications under Section 42 of the Act (‘Applications’). CCI directed the DG to submit an investigation report on the veracity of the statements in the Applications. In its report, the DG concluded that the DOA had, in fact, contravened the Final Order (‘DG Report on the Applications’).CCI considered the Applications and the DG Report on the Applications, and issued an order under Section 42 of the Act against the DOA for failure to comply with the Final Order. CCI also imposed a penalty of ₹20,000 on DOA for each day of non-compliance - beginning from the date of the Final Order up to the date on which the DG completed its investigation on the Applications, amounting to ₹1,17,40,000. CCI then imposed a penalty of ¤5,000 on two of the office bearers for non-compliance of the Final Order for each day of non-compliance starting from the date of passing the Final Order to the date on which the DG completed its investigation on the Applications. This amounted to ₹29,35,000 on each of the office-bearers.In reaching its decision, CCI noted that even during the DG investigation, DOA failed to co- operate with the DG, resulting in a recommendation from the DG to initiate non-cooperation proceedings against DOA under Section 43 of the Act. CCI did not adhere to the DG’s recommendation, being of the view that in case of proceedings involving anti-competitive conduct, if the party investigated did not respond despite sufficient opportunities being granted, the DG was entitled to prepare the report on the basis of information on record. Even after the DG Re- port on the Applications was submitted to CCI, DOA failed to provide any responses, despite several extensions been granted by CCI. Instead, DOA preferred a writ before High Court of Odisha (‘Odisha HC’) against CCI order directing investigation for non-compliance of the Final Order and the DG Report on the Applications. The High Court observed that DOA may file an application before CCI seeking adjournment of the proceedings. Several requests for adjournment were accommodated by CCI on the ground that the writ was pending before the Odisha HC. Finally on August 22, 2017, CCI rejected DOA’s request to adjourn proceedings (once again citing the pendency of its writ petition before the Odisha HC), as no stay order had been issued by the Court thus far. CCI also clarified that it had given a final opportunity to DOA to submit its response to the DG Report on the Applications and listed the matter for hearing on October 31, 2017. CCI noted that despite several such opportunities to be heard, DOA failed to submit any response to the DG Report on the Applications. DOA’s counsel submitted that he had no submissions to make on behalf of DOA.CCI observed that the DG Report on the Applications clearly established that despite repeated requests and even advance payments by SSLL to DOA to provide dumpers for unloading cargo, DOA failed to supply dumpers to SSLL and disallowed SSLL to use dumpers of third par- ties. Accordingly, CCI concluded that the DOA had not complied with the Final Order.

*Case No 42 of 2012.