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ARTICLE · 27 SEPTEMBER 2016

Cement Cartel Cases: Lessons For India's Competition Law Regime

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India is the second largest producer of cement in the world, only after China. The cement industry is a vital part of the Indian economy, employing millions of people directly or indirectly.

IndiaAntitrust/Competition Law
Sakshi Seth
Sakshi Seth
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Introduction

India is the second largest producer of cement in the world, only after China.1 The cement industry is a vital part of the Indian economy, employing millions of people directly or indirectly. The Competition Commission of India ("CCI") has recently passed orders adjudicating allegations of anti-competitive agreements and abuse of dominance amongst the cement manufacturers under the Competition Act, 2002 (the "Act") and imposed a penalty of more than INR 60 billion (USD 1.1 billion).2

This newsletter aims to critically analyze two CCI orders of August 31, 2016, namely: (i) Builders Association of India vs. Cement Manufacturers Association & Ors. ("BAI case") and (ii) In Re: Alleged Cartelization by Cement Manufacturers ("Cement case"). It attempts to highlight the impact of these landmark orders on the cement industry and Indian competition law.

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