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ARTICLE · 06 DECEMBER 2010

CCI Imposes Fine for Failure to Supply Information

SJ Berwin LLP
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The Competition Commission of India ("CCI") has imposed a fine of 10 million rupees (c. € 160,000) on Kingfisher Airlines for failing to provide sufficient information further to an information request from the CCI's director general of investigations.

United KingdomAntitrust/Competition Law
SJ Berwin'S EU & Competition Team
SJ Berwin'S EU & Competition Team

The Competition Commission of India ("CCI") has imposed a fine of 10 million rupees (c. € 160,000) on Kingfisher Airlines for failing to provide sufficient information further to an information request from the CCI's director general of investigations.  The request was made in the course of the CCI's investigation into Kingfisher Airline's alliance with Jet Airways.

This is the first ever fine imposed by the CCI.

Under section 43 of the Indian Competition Act 2002 if any person fails to comply with the CCI's powers to request information, the CCI may levy a fine.

In September of this year the Indian courts rejected Kingfisher's claim that the CCI did not have jurisdiction to examine the allegedly anti-competitive agreement between the two airlines, on the basis that it was entered into in October 2008 before the CCI began operating with full powers in 2009.

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