Competition in Lottery

State of Mizoram issued an invitation for ‘Expression of Interest’, through Institutional Finance and State Lottery, inviting bids for appointment of lottery distributors and selling agents for Mizoram State Lottery to be organized by Government of Mizoram in terms of The Mizoram Lotteries (Regulation) Rules, 2011 framed under The Lotteries (Regulation) Act, 1998.

A purchaser of a lottery ticket is a ‘potential user’ and a ‘service’ is being made available in context of The Competition Act, 2002. If in tendering process there is an element of anti-competition which would require investigation by Competition Commission of India, same cannot be prevented under pretext of lottery business being res extra commercium, more so when State Government decides to deal in lotteries.

Hon’ble Justice Sanjay Kishan Kaul, Competition Commission of India v. State of Mizoram, [Civil Appeal No. 10820-10822 of 2014].