The Competition Commission of India (CCI) on Thursday dismissed a complaint alleging anti-competitive practices in a solar power tender floated by the Solar Energy Corporation of India (SECI), providing relief to multiple entities including the Adani Group and Azure Power.
The complaint alleged violations of competition law in the award of solar tenders. It had named several parties, including Adani Enterprises Ltd, Adani Green Energy, industrialist Gautam Adani, Sagar Adani, Azure Power India Pvt Ltd, SECI and certain state power utilities.
In its order, the CCI said the allegations were not backed by sufficient evidence and failed to establish any breach of the Competition Act. The regulator noted that India’s power generation market remains competitive, with several major public and private sector players operating across segments.
“As such and in view of the fact that power generation market in India is comprised of many significant players viz. National Thermal Power Corporation, Power Grid Corporation of India Ltd., Tata Power Co. Ltd., Torrent Power and Reliance Power etc., the Adani Group, prima facie, does not seem to be a dominant player in the power generation market in India,” the CCI said in the order.
The complainant had raised concerns over certain tender provisions such as the “Green Shoe Option”, tariff revisions and other contractual clauses, claiming they created entry barriers and excluded smaller players. However, the CCI said these claims lacked substantiation.
The regulator also examined allegations of cross-subsidisation and exclusionary conduct, concluding that there was no credible material to support such charges.
On claims of alleged bribery linked to power purchase agreements, the CCI clarified that even if assumed, such conduct would not fall within the scope of abuse of dominance under Section 4 of the Competition Act.