Dubai government-run global port operator, D P World, has filed a writ petition in the Bombay High Court, challenging an interim order of the Competition Commission of India (CCI) to probe alleged anti-competitive practices on a complaint filed by PSA International, its rival at the Jawaharlal Nehru Port Trust (JNPT).

D P World is challenging the November 9 interim order, arguing that the anti-trust regulator has “no jurisdiction” over the issue on which Singapore government-owned PSA International had filed the complaint, at least two people familiar with the writ petition filed by D P World said.

In the complaint, PSA alleged that D P World and the container port operating unit of A P Moller-Maersk Group A/S (A P M Terminals), which have been running facilities at JNPT for many years, were creating entry barriers to its newly-opened terminal at India’s busiest container gateway, thereby limiting its operational effectiveness since the 18 February start.

D P World runs two terminals at JNPT —Nhava Sheva International Container Terminal (NSICT) and Nhava Sheva (India) Gateway Terminal (NSIGT) — while A P M Terminals runs one facility- Gateway Terminals India Pvt Ltd (GTI).

A P M Terminals said it had no plan to file a writ petition against the CCI interim order, though it has been made a party to the petition filed by D P World, an executive with A P M Terminals said.

The feud between the top global container operators relates to the inter-terminal transfer of containers, a system that is unique to JNPT.

NSICT and GTI have argued that the inter-terminal transfer of containers from GTI/NSICT to BMCT and vice-versa would be “operationally unfeasible and commercially unviable” given the considerable distance between their terminals and BMCT.

This was contested by PSA which said that it had no option but to approach the anti-trust regulator as no solution was forthcoming despite attempts made by the port authority to resolve the issue.

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