Competition Commission of India Slaps Multi-Crore Fine on United Phosphorus

 

Competition Commission of India (CCI), the body responsible to prevent activities like collusive bidding that have an adverse effect on competition in India, recently slapped a fine of Rs 317.91 crores on three Aluminum Phosphide Tablets manufacturers including a fine of Rs 252.44 crore on United Phosphorus (UPL).

Aluminum phosphide tablets are used for storing food grains by FCI. The action was taken by CCI after FCI chairman and managing director wrote a letter to the commission in February 2011, drawing attention towards rise in cost of procurement due to anticompetitive agreement among the manufacturers of aluminum phosphide in the tender of FCI and requesting the commission to make inquiries.

These three companies had participated in the tender floated by FCI and submitted the bids on the same day by quoting the same rate even though there was difference in cost of production. There was a clear case of collusive bidding as by quoting identical prices, they deprived FCI the benefit of choosing from competitive bid rates in procurement of these tablets.

The commission has decided to impose this penalty at a rate of 9% of the average turnover of these companies in last three years. The other two companies Excel Crop Care  and Sandhya Organics Chemical were fined Rs 63.90 crore and Rs 1.57 crore respectively.

For an update on a previous instance when CCI came down harshly on anti-competitive practices, see CCI’s Order in DLF case.


TRAI to act like a civil court?

Economic Times reported yesterday that, Telecom Ministry has made it clear to give more powers to Telecom Regulatory Authority of India (TRAI) acting like a watchdog.

Like SEBI and CCI, TRAI will also be empowered to ‘summon persons, examine them on oath, demand documents and evidence on affidavits and, in appropriate cases, call for expert assistance in conducting inquiries.’

These powers are expected to be made official in the upcoming National Telecom Policy 2012.

The Telecom Commission approved the bulk of Trai’s suggestions on NTP 2012 at the Wednesday meeting, said the official cited above. The commission is expected to complete the remaining work on NTP this week and forward it to the cabinet for approval by 23 March. The cabinet is expected to clear NTP 2012 by April. – Livemint

It also added – “Trai is considering the establishment of a grievance monitoring system to protect the interests of consumers.”

However few things are still not clear:

1.) Whether TRAI will be permitted to penalize operators for non-compliance of the terms and conditions of their license?

2.) Whether individual grievances against telecom companies will be entertained by TRAI or not?

Currently TRAI’s FAQ page says – “The TRAI Act, 1997 does not envisage handling  of individual consumer complaints by TRAI.”

CCI Act under the term ‘consumer’ includes a single person. So an individual can approach CCI, however in the landmark cases it has been observed that group of aggrieved people have approached the court. And for SEBi too an individual can file a case against a LISTED COMPANY, but only after he/she has approached the company, then the NSE/BSE.

Pic from here.

You can file your consumer complaint here.