The Competition Appellate Tribunal (Compat) will resume its hearing from Monday over a batch of petitions filed by cement firms, challenging a Rs 6,307-crore penalty imposed on them by fair trade regulator CCI on grounds of cartelisation.
A Compat Bench, headed by it Chairman Justice V.S. Sirpurkar, began hearing the petitions of the cement companies on a daily basis last week and the hearings are expected to continue on a fast-track basis this week.
The petitions relate to appeal against a penalty of Rs 6,307 crore imposed by the Competition Commission of India on 11 cement makers, as also a fine of Rs 73 lakh on the cement industry body CMA.
The cement companies charged with cartelisation include Lafarge India, India Cement, JP 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 the Builders Association.
Some of them, such as ACC, Binani, Lafarge, Ambuja and JK Cement have already finished their arguments, while six another companies are yet to present their submissions before the tribunal.
The companies during their submissions so far have contended that the ‘principle of natural justice’ was not followed by the CCI in the case, as they were not allowed to cross examine the witnesses of Director General of (Investigations).