Displaying items by tag: Competition Appellate Tribunal

India: The Competition Appellate Tribunal (COMPAT) has rejected an appeal by Binani Cement to waive paying a 10% deposit of a US$25m fine that was given to it by the Competition Commission of India (CCI) for cartel-like behaviour. COMPAT said that the cement producer had failed to add any further information to the situation or pointed out any errors in the procedure, according to the Press Trust of India. In August 2016 the CCI imposed fines of nearly US$1bn on cement producers including ACC, ACL, Binani, Century, India Cements, JK Cement, Lafarge, Ramco, UltraTech, Jaiprakash Associates and the Cement Manufacturers Association for alleged cartelisation activity.

In November 2016, the COMPAT delayed the CCI condition that the cement producers deposit 10% of the fine. However, Binani Cement requested to waive the deposit on grounds of severe financial hardship. Binani Cement now potentially faces interest charges on top of the deposit as its appeal was dismissed.

India: ACC has revealed that an appeal by cement producers to the Competition Appellate Tribunal (COMPAT) against a fine imposed by the Competition Commission of India in August 2016 for alleged cartel activity has succeeded in negotiating the terms of the penalty. The COMPAT has ordered that the producers deposit 10% of the US$1bn fine in a similar manner to that of a fine levied in 2012. That fine was eventually dropped in 2014 with the CCI citing a lack of evidence.

Fines totalling US$1bn were levied on ACC, ACL, Binani, Century, India Cements, JK Cement, Lafarge, Ramco, UltraTech, Jaiprakash Associates and the Cement Manufacturers Association in late August 2016 for alleged cartelisation activity.

India: The Competition Appellate Tribunal has delayed the sale of Lafarge India following an appeal by Dalmia Cement Bharat. The sale has been halted until a hearing on 9 May 2016.

"Operation of order dated 2 February 2016 passed by the Competition Commission of India (CCI)... shall remain stayed," the COMPAT order passed by its chairman GS Singhvi said. LafargeHolcim has been asked to reply to Dalmia's appeal before the hearing in May 2016.

Lafarge India is selling all of its assets in India including a cement production capacity of 11Mt/yr. It received approval from the CCI in February 2016.

India: The Competition Appellate Tribunal has set aside a US$945m penalty imposed on 11 cement firms by the Competition Commission of India (CCI) on accusations of cartel behaviour and asked the fair trade regulator to resubmit the case. The Tribunal also allowed the cement manufacturers to withdraw the 10% penalty amount already deposited with the CCI, according to the Press Trust of India.

The judgement follows appeals filed by the cement firms and their industry body, the Cement Manufacturers Association, against the two CCI orders passed in June - July 2012. The cement companies included ACC, Ambuja Cements, Binani Cements, Century Textiles Ltd, India Cements, JK Cements, Lafarge India, Madras Cements, Ultratech, JP Associates and Shree Cements.

The CCI had passed the orders after an investigation into complaints, including from Builders Association of India (BAI), against alleged price collaboration between cement firms.

The orders were later challenged at the Competition Appellate Tribunal, which ordered that 'the impugned order is set aside and the matter is remitted to the CCI for fresh adjudication of the issues relating to alleged violation" of the relevant sections of the Competition Act.'