Deepika Vs Calcutta Electric Supply Corporation (Competition Commission of India)
The Competition Commission of India (CCI) has decided to close a case brought by an individual, Ms. Deepika, against several prominent corporate entities, including the RP-Sanjiv Goenka Group, Adani Group, Aditya Birla Group, Vedanta Group, and Jindal Power, on allegations of cartelization and bid-rigging in the auction of coal blocks. The order, issued under Section 26(2) of the Competition Act, 2002, concluded that a prima facie case of contravention could not be established.
The allegations stemmed from two separate periods of coal block auctions: the 1st and 2nd tranches held in 2015, and the 16th tranche of commercial coal mines auctions in 2023. The CCI’s decision to close the matter was based on a review of the information provided by the complainant, comments from the Ministry of Coal (MoC), and a lack of substantial evidence to support the claims.
Allegations Regarding 2015 Auctions
The complaint focused heavily on the 2015 e-auction of the Sarisatolli coal mine, which was won by Calcutta Electric Supply Corporation (OP-1). The informant alleged a collusive arrangement between RP-Sanjiv Goenka Group entities (OP-1, OP-2, and OP-3) and Adani Group entity Adani Enterprises Ltd. (OP-4). The allegations were supported by claims of bids being filed from the same IP address, bid suppression by a large bidder (OP-4), and the winner diverting coal to a plant quoted by another group entity. These claims were also referenced in a 2016 Comptroller and Auditor General (CAG) report, which noted that it could not confirm if the potential level of competition was achieved during the second stage of bidding for some coal mines.
