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Cement companies to be given fresh copies of watch dog order levying 6300cr penalty

New Delhi, Oct 11 (PTI): Competition Appellate Tribunal (COMPAT) on Thursday asked fair trade regulator Competition Commission of India (CCI) to give fresh copies of its order levying over Rs 6,300 crore in penalties on 11 cement companies for cartelisation, providing them with complete details on production, pricing and sales.

Hearing the appeals of the cement companies against the Competition Commission order of June 21, COMPAT asked it to issue fresh copy of the direction to them within a week.

CCI had not disclosed various facts about matters like production, dispatches and pricing.

The companies, which include UltraTech and ACC, have been asked to file their amended petitions with the tribunal within two weeks of getting the fresh order.

Following that the CCI would get one week to file its reply to the COMPAT.

The tribunal said the matter would be listed for further hearing within seven weeks from Thursday, taking into account the fresh details from the CCI and the cement companies.

COMPAT said its earlier direction of September 13 in the matter, wherein the CCI was asked not to take any coercive action, would continue.

The COMPAT had served notices on September 13 to the CCI, and the Builders Association of India, on whose complaint the fair trade regulator had imposed a penalty of Rs 6,307 crore on 11 cement firms on charges of cartelisation.

In their existing petitions, cement firms had requested the tribunal to quash the entire CCI order and had also sought an interim stay on the CCI's penalty till the tribunal decides on their petitions.

Industry body Cement Manufacturers Association (CMA) has also challenged CCI's findings along with the producers.

On June 21, CCI had slapped Rs 6,307 crore penalty on 11 cement makers. The CMA was also fined Rs 73 lakh.

The cement companies charged with cartelisation also include Lafarge India, India Cement, Jaypee Associates, Binani Cement, Ambuja Cement, Madras Cement and J K Cement.

“The act and conduct of the cement companies establish that they are a cartel. The Commission holds that the cement companies acting together have limited, controlled and also attempted to control the production and price in the market in India,” CCI had said in its 258-page order.

CCI had found “cement manufacturers in violation of the provisions of the Competition Act, 2002 which deals with anti-competitive agreements including cartels”.

The order was passed following probe by its Director General (Investigation) on a complaint filed by Builders Association, which has hailed the order saying “it was long-pending and the penalty could have been higher”.


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