Case Law Details
Ambuja Cements Limited Vs CCI & Ors. (NCLAT Delhi)
The ‘Builders Association of India’ filed information under Section 19(1) (a) of the Competition Act, 2002, alleging anti-competitive agreement against the ‘Cement Manufactures’ Association’ (hereinafter referred to as “CMA”- the ‘Opposite Party No.1′) and 11 Cement Manufacturing Companies- (Appellants’ herein). After receiving the aforesaid information, the Competition Commission of India (hereinafter referred to as “Commission”) formed prima facie opinion and assigned the matter to the Director General (hereinafter referred to as “DG”) for detailed investigation as per procedure prescribed in the Competition Act, 2002. The DG after detailed investigation, reported the matter against the `CMA’ and other Cement Manufacturing Companies.
2. The Commission, on hearing, initially passed an order on 20th June, 2012, held that the Opposite Parties are in contravention of Section 3(3)(a) 85 (b) of the Competition Act, 2002 imposed penalty and directed the Opposite Parties to cease and desist from indulging in such activity. The CMA was ordered to disengage and disassociate from its wrong prices.
3. The aforesaid order of the Commission was appealed before the `Competition Appellate Tribunal’ (hereinafter referred to as “COMPAT”), which by its judgment dated 11th December, 2015, set aside the said order and remanded the matter to the Commission with following observations:
“99. The Commission shall hear the advocates/ representatives of the appellants and BAT and pass fresh order in accordance with law. We hope and trust that the Commission shall pass fresh order as early as possible but within a period of three months from the date, which may be notified after receipt of this order.
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