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Verus, SAM on Coal India’s win in COMPAT, $265m CCI penalty set aside

Verus advised the Competition Commission of India (CCI) in Coal India’s Competition Appellate Tribunal (COMPAT) appeal against the CCI’s order penalising Coal India Rs 1,773 crore. Shardul Amarchand Mangaldas was advising Coal India.

Verus partner Rishad Ahmed Chowdhury briefed senior counsel Pallav Shishodia for the CCI.

SAM regional managing partner Pallavi Shroff, partners Shweta Shroff Chopra and Harman Singh Sandhu, senior associate Yaman Verma and associate Toshit Shandilya briefed senior advocates Gopal Subramanium and Ramji Srinivasan and advocate Rajshekhar Rao for Coal India.

“The CCI, further to complaints filed by Maharashtra State Power Generating Company and Gujarat State Electricity Corporation Limited, had fined CIL INR 1773 crores for abusing its dominant position as a supplier of coal by imposing unfair and discriminatory conditions in its fuel supply agreements with various customers. The CCI then passed subsequent orders in cases filed by the West Bengal Power Development Corporation Limited, Madhya Pradesh Power Generation Company Limited, Sponge Iron Manufacturers’ Association, and Gujarat Heavy Chemicals Limited, which did not impose a further penalty but required CIL to cease and desist from its unfair conduct and modify the terms of its agreements. These have all been set aside by the COMPAT,” according to SAM’s press release.

“The CCI’s order has been set aside on grounds of violation of natural justice; and the matter has been remitted back to the Commission for fresh hearing and decision within a period of two months. The Tribunal has further directed that no new evidence or material can be filed by any of the parties,” according to an email from Verus.

Read order (PDF)

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