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ARTICLE · 28 FEBRUARY 2022

Supreme Court Backs CCI In Two Cases

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Some notes on the Apex Court's judgment in a ‘penalty on tyre manufacturers' and ‘CCI has jurisdiction over lotteries'...

IndiaLitigation, Mediation & Arbitration

Some notes on the Apex Court's judgment in a ‘penalty on tyre manufacturers' and ‘CCI has jurisdiction over lotteries'

i) Penalty on tyre manufacturers:

The Competition Commission of India (CCI) in Re: Ministry of Corporate Affairs and Apollo Tyres and Ors by an order dated August 31, 2018 (CCI Order) imposed a collective penalty of ₹17.88 billion on five tyre companies and their association, i.e., Automotive Tyre Manufacturers Association (ATMA). The CCI had imposed the penalty on the tyre companies and ATMA for indulging in cartelisation, and contravening the provisions of Section 3 of the Competition Act, 2002 (the Act).

Aggrieved by the CCI Order, a writ petition was filed by MRF Ltd before the Madras High Court which came to be dismissed. The matter reached before the division bench of the High Court which on March 8, 2018 directed the CCI Order to be kept in a sealed cover till the disposal of the writ appeal.

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