CCI discusses factors that led to record high penalty

By Manjula Chawla, Ritika Ganju and Tushar Thimmiah, Phoenix Legal
0
2297
LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link

India is the second largest cement producing country after China. The big players of the industry have been under the scanner of the Competition Commission of India (CCI) and were heavily penalized in 2012 for colluding to engage in anti-competitive activities.

In the case of a complaint by the Builders’ Association of India against the Cement Manufacturers’ Association (CMA) and 11 major cement companies, the CCI found the cement companies to be parties to an anti-competitive “agreement”, in violation of section 3 of the Competition Act, 2002. The companies challenged the order before the Competition Appellate Tribunal (COMPAT) on the grounds it violated the principles of natural justice. The COMPAT set aside the order and directed the CCI to re-adjudicate the case.

Manjula Chawla, Phoenix Legal
Manjula Chawla
Partner
Phoenix Legal

In a final order passed by the CCI on 31 August 2016 the CCI not only imposed its heaviest penalty to date – ₹63.17 billion (US$960 million) – but also analysed certain factors and facts that it viewed as evidence of collusive conduct by the industry players in an oligopolistic market.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员

已有集团订阅,可点击此处继续浏览。
如对集团订阅感兴趣,请联络我们

Manjula Chawla is a partner, Ritika Ganju is a principal associate and Tushar Thimmiah is an associate at the Delhi office of Phoenix Legal.

PLSecond Floor
254, Okhla Industrial
Estate Phase III
New Delhi – 110 020
India

Vaswani Mansion, 3/F

120 Dinshaw Vachha Road, Churchgate

Mumbai – 400 020
India
Contact details:
Tel +91 11 4983 0000 / +91 22 4340 8500
Fax: +91 11 4983 0099 / +91 22 4340 8501
Email: delhi@phoenixlegal.in
mumbai@phoenixlegal.in

LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link