The Indian Competition Appellate Tribunal dismisses appeals filed by ten explosives manufacturers against the Competition Commission’s order finding them guilty of bid-rigging, but reduced the penalty imposed by 90% (Gulf Oil Corporation)

SUMMARY The Competition Appellate Tribunal (COMPAT) dismissed the appeals filed by ten explosives manufacturers against the order of 16 April 2012 made by the Competition Commission of India (CCI) (the CCI Order), finding them guilty of bid-rigging. The COMPAT held that the collective boycott of the electronic reverse auction, conducted by Coal India Limited (CIL) for the procurement of bulk and cartridge explosives, was reprehensible and violated Section 3(3)(d) of the Competition Act, 2002 (Competition Act). However, while determining the amount of penalty, the COMPAT considered the various mitigating factors including the fact that it was the first contravention of the Competition Act by the explosives manufacturers, the collective boycott was implemented merely for postponement

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Shweta Shroff Chopra, The Indian Competition Appellate Tribunal dismisses appeals filed by ten explosives manufacturers against the Competition Commission’s order finding them guilty of bid-rigging, but reduced the penalty imposed by 90% (Gulf Oil Corporation), 18 April 2013, e-Competitions Bulletin April 2013, Art. N° 57737

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