COMPAT grants 'conditional' stay against CCI order on three APT manufacturers

24 Jul 2012 Evaluate

Competition Appellate Tribunal (COMPAT) has granted stay against competition watchdog Competition Commission of India (CCI)’s order, wherein the latter levying a penalty of Rs 317.91 crore, alleging three Aluminium phosphide tablet (APT) manufacturers for violation of sections 3 (3) (b) and 3 (3) (d) of the Competition Act, 2002.

However, in first of its kind of order, COMPAT would place a stay on penalty only on condition that all the appellants deposit 10% of the penalty amounts which would be Rs 25.244 crore for United Phosphorus, Rs 6.39 crore for Excel Crop Care and Rs 0.15 Lakh for Sandhya Organics. These companies are expected to deposit the money within eight weeks from the date of passing of the order.

Back in April, CCI passed an order imposing fine of Rs 317.91 crore on three manufactures for allegedly forming a cartel and maneuvering bids of the Food Corporation of India (FCI) to supply aluminum phosphide tablet. The Commission had then slapped fine of Rs 252.44 crore on United Phosphorus and Rs 63.90 crore and Rs 1.57 crore respectively on Excel Crop Care and Sandhya Organics. The penalty was calculated on the basis of 9% of the average of three years turnover on the three producers.

CCI directed a probe after receiving complaints from the FCI, which informed the fair trade regulator in February 2011 towards hike in cost of procurement and apprehended formation of a cartel by the manufacturers. The state procurement agency had further alleged that manufacturers had exaggerated the price in bids invited for preservation of the central pool food grain.

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