The Indian Competition Appellate Tribunal clarifies the standards for calculation of antitrust penalties in relation to a cartel on the market for AlP tablets used for fumigation treatment (United Phosphorous / Excel Crop Care / Sandhya Organic Chemicals)

COMPAT clarifies the standards for calculation of penalty* Competition Appellate Tribunal (COMPAT) vides its order dated 29 October 2013, decided on an appeal filed by three manufacturers of Aluminium Phosphide Tablets (AlP), namely, Excel Crop Care Limited, United Phosphorus Limited and Sandhya Organic Chemicals (P) Limited [1]. The appeal was filed against an order passed by the Competition Commission of India (CCI) that held that the appellants have indulged in collusive bidding in violation of Section 3(3) of the Competition Act, 2002 (Competition Act) [2]. The COMPAT dealt primarily with issues relating to the jurisdiction of the CCI and calculation of penalty by the CCI. The COMPAT clarified that the Competition Act has no retrospective operation but can look into past

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  • Luthra & Luthra Law Offices (New Delhi)

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Gurdev Raj Bhatia, The Indian Competition Appellate Tribunal clarifies the standards for calculation of antitrust penalties in relation to a cartel on the market for AlP tablets used for fumigation treatment (United Phosphorous / Excel Crop Care / Sandhya Organic Chemicals), 29 October 2013, e-Competitions Bulletin Commitment Decisions, Art. N° 59562

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