Competition Commission of India, Through its Secretary 9th Floor, Office Block1, Kidwai Nagar (East), New Delhi110023 Respondent For Appellant: Mr.Rustum Singh Chauhan, Ms Gauri Puri, Advocates. For Respondent: Ms Shama Nargis, Dy. Director Law CCI. Mr Febin M Varghese, Mr Robin Ratnakar David, Mr. Samuel David, Advocates for CCI. WITH COMPETITION APPEAL (AT) NO.26/2022 In the matter of: Macromedia Digital Imaging Pvt Ltd, 147/D, IDA Phase II, Cherlapally, Hyderabad Telangana 500051 Appellant Vs. Competition Commission of India, Through its Secretary 9th Floor, Office Block1, Kidwai Nagar (East), New Delhi110023 Mr. Naresh Kumar Dasari, R/o Flat No. C303 Competition Appeal (AT) No.24 and 26 of 2022 2 Trendset Sumangala, Road No.5, Banjara Hills, Hydeerabad34 Respondent For Appellant: Ms Pavuluri, Mr Anandh Venkataramani, Advocates. For Respondent: Ms Shama Nargis, Dy. Director Law CCI. Mr Febin M Varghese, Mr Robin Ratnakar David, Mr. Samuel David, Advocates for CCI. JUDGEMENT VIRTUAL MODE JUSTICE RAKESH KUMAR, MEMBER (JUDICIAL) The Appellant, Mr. Naresh Kumar Dasari, in Competition Appeal (AT) No.24/2022 was the Managing Director of the Appellant Company, M/s Macromedia Digital Imaging Pvt Ltd in Competition Appeal (AT) No.26/2022. Since both the Appeals arise out of the same order dated 03.02.2022 passed in Suo Moto Case No. 2 of 2020 by the Competition Commission of India (hereinafter referred to as the 'CCI'), both the Appeals were heard together. After conclusion of the hearing on 27.05.2022 the Judgement was reserved. Accordingly by this common judgement both the Appeals are being disposed off. 2. Appellants in both the Appeals have assailed the order dated 03.02.2022 passed by the CCI in Suo Moto Case No.2/2020. By the said order the CCI has held the Appellant Company i.e. Macromedia Digital Imaging Pvt Ltd in Competition Appeal (AT) No.26/2022 alongwith other six company guilty of contravention of the provisions of Section 3(3)(c) and Section 3(d) read with Section 3(1) of the Competition Act, 2002 (hereinafter referred to as the 'Act'). So far as Appellant Mr. Naresh Kumar Dasari in Competition Appeal (AT) No.24/2020 is concerned he alongwith 8 other Competition Appeal (AT) No.24 and 26 of 2022 3 individuals were held liable for Anticompetitive conduct of their respective companies in terms of Section 48 of the Act. The CCI in terms of Section 27(a) of the Act, directed the Appellant Company alongwith other six companies and their individual concerned to desist in future from indulging in practices which have been found in the present case to be in contravention of the provisions of Section 3 of the Act. The CCI further imposed penalty of Rs.51,77,659/ on Appellant Company i.e. Macromedia Digital Imaging Pvt Ltd alongwith other six companies. The Appellant, Mr. Naresh Kumar Dasari, in Competition Appeal (AT) No.24 of 2020 was imposed penalty for an amount of Rs.46,468/. 3. Short fact of the case is that CCI received a complaint dated 28.06.2018 with an allegation of bidrigging and cartelisation in the tender floated by SBI Infra Management Solution Pvt Ltd (SBIIMS) for the supply and installation of new signages/replacement of existing signages for branches/offices/ATMs of SBI located at specified metro centres across India. In exercise of powers conferred under Section 19(1) of the Act the CCI on the basis of material on record has registered a case as Suo Moto Case No.2/2020 and also on the basis of material on record noticed prima facie a case of contravention of provisions of Section 3(1) of the Act read with Section 3(3) of the Act with respect to impugned tender. Accordingly the CCI in exercise of powers under Section 26(1) of the Act directed the Director General (DG) to conduct an investigation and submit its report. It was clarified that if during the course of investigation conduct of any other entities/persons in addition to those mentioned in the complaint is notice