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The Supreme Court on April 10 admitted Competition Commission of India’s (CCI) appeal against the order of National Company Law Appellate Tribunal (NCLAT) asking it to pass a fresh order in the matter of alleged cartelisation by tyre companies.
The top court has however not stayed the order of NCLAT, which would mean that CCI will have to continue re-considering the case.
The court will now hear the appeal in September 2023. Appearing for the antitrust regulator, Additional Solicitor General N Venkataraman argued that NCLAT’s order has not provided elaborate reasons for asking it pass fresh orders despite the case having been heard for over a month.
Appearing for one of the tyre makers, senior advocate Mukul Rohatgi informed the court that some of them are preferring an appeal against NCLAT's order as well.
In December 2022, NCLAT directed the CCI to pass a fresh order citing the need to re-examine arithmetical and inadvertent errors as well as to review the penalty to save the domestic tyre industry.
A two-member NCLAT observed that there were errors by Director General, the investigation arm of CCI, in the calculation of percentage increase in price and the corrected data apparently reveal non-existence of price parallelism.
According to the tribunal, promotion of domestic industry is also to be kept in mind by CCI as the object of the Competition Act requires to keep in view the economic development of the country also.
The NCLAT order came on appeals filed by leading tyre makers such as Ceat, Apollo Tyres, JK Tyre, MRF, Birla Tyres and Automotive Tyre Manufacturers Association (ATMA) against the CCI order.
The CCI had in 2018 imposed penalties totalling more than Rs 1,788 crore on the tyre companies.
On August 31, 2018, the fair trade regulator passed an order imposing penalties on the tyre makers. However, the order was communicated to them only in February 2022 after a final go-ahead by the Supreme Court.
Soon after the CCI passed the order in 2018, an appeal was filed before the Madras High Court and the same was dismissed on January 6, 2022. This was further challenged before the Supreme Court, which had also dismissed plea on January 28, 2022.
Subsequently, almost after four years, the CCI communicated the order to the tyre companies, which then approached the NCLAT.
CCI had imposed penalties of Rs 425.53 crore on Apollo Tyres, Rs 622.09 crore on MRF Ltd, Rs 252.16 crore on CEAT Ltd, Rs 309.95 crore on JK Tyre and Rs 178.33 crore on Birla Tyres. A fine of Rs 8.4 lakh was imposed on their association ATMA also.
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