CCI Throws Out Abuse Of Dominance Complaint Against BSNL, Says Company Not Dominant With 2.09% Market Share

The Competition Commission of India (CCI) has rejected a complaint alleging abuse of dominance by Bharat Sanchar Nigam Ltd. (BSNL), noting that the state-run telecom company holds just 2.09% market share in India's telecommunications sector and therefore cannot be considered dominant under the Competition Act, 2002.

The order, issued on October 7, 2025, was passed by a Coram comprising Chairperson Ravneet Kaur and Members Anil Agrawal, Sweta Kakkad, and Deepak Anurag.

The complaint was filed by C.C.L. Optoelectronics Pvt. Ltd., a registered Micro and Small Enterprise (MSME), after it was disqualified from a December 2024 BSNL tender for the supply of 2,00,000 Splice Closure units. The Informant alleged that BSNL had framed contradictory and discriminatory tender terms to deliberately exclude it from the bidding process and favour certain vendors.

C.C.L. claimed that despite being eligible for exemptions under the MSME policy, it was disqualified without justification. It further accused BSNL of altering tender conditions from previous years without adequate explanation or notice.

However, the Commission ruled that BSNL's limited presence in the telecom services market did not support the allegations under Section 4 of the Competition Act, which deals with abuse of dominant position.

“Based on the market share of the OP in the delineated relevant market, the Commission is of the view that the OP does not hold a dominant position in the relevant market within the meaning of Section 4 of the Act,” the order stated.

The commission noted that in the telecommunication services market Reliance Jio Infocomm Ltd. (40.07%); Bharti Airtel Ltd. (32.01%); Vodafone Idea Ltd. (14.37) held significant shares while BSNL held a marginal share of just 2.09%.

The Commission also reviewed the grounds for disqualification and found that while C.C.L. was eligible for certain MSME exemptions, it failed to meet the mandatory 'Past Performance' requirement of having supplied 30,000 Splice Joint Closures (SJCs), as per the tender.

Additionally, the Commission pointed out that C.C.L. had not raised any formal objection to the tender terms through the GeM (Government e-Marketplace) portal within the prescribed four-day window for seller representations.

The CCI concluded that the dispute arose from procurement policy and internal bidding procedures, which do not fall within the scope of competition law unless there is clear evidence of dominance and abuse.

"It is opined that this matter essentially relates to the OP's procurement policy and practices and is not a competition issue under provisions of the Act."

Accordingly, the complaint was closed under Section 26(2) of the Competition Act, and the request for interim relief was also rejected.

C.C.L. Optoelectronics Pvt. Ltd. And Bharat Sanchar Nigam Ltd.

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