Appellate Tribunal Sets Aside the Penalty Levied by CCI Against AKMN Cylinder

NCLAT on August 20, 2018 set aside a penalty of INR 1 million levied on AKMN Cylinder (P.) Ltd. (‘AKMN’) by CCI for failing to comply with the Office of Director General’s directions. On January 02, 2014, CCI directed the Office of Director General (‘DG’) to carry out a detailed investigation in respect of the allegations against AKMN in accordance with its order issued under the Section 26(1) of the Act. During the course of investigation issued by the DG, AKMN consistently failed to appear despite repeated notices. As a result, CCI initiated suo moto proceedings against AKMN and imposed a penalty of INR 10 lakhs.

Taking cognizance of the Appellant’s age and the fact that AKMN’s representative had (i) duly furnished the information requested by the DG on affidavit and no further information was required to be provided; and (ii) tendered an apology to the DG for failing to appear on an earlier occasion, the NCLAT set aside the penalty.

 

Published In:Inter Alia Special Edition Competition Law October 2018 [ English
Date: October 30, 2018