Tribunal asks CCI to reconsider penalty order: SpiceJet

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Mumbai, April 20 (IANS) SpiceJet on Wednesday said the Competition Appellate Tribunal (COMPAT) has set aside an impugned Competition Commission of India (CCI) order penalising the low-cost airline and two more rivals for alleged concerted action in relation to cargo fuel surcharge.

“COMPAT vide it’s order dated April 18 has set aside the impugned CCI order. The matter has been remanded back to the CCI with the direction to re-consider the report of the Joint Director General (JDG) and to take appropriate decision under Section 26(8) of the Competition Act, 2002,” said a SpiceJet regulatory filing.

SpiceJet, Jet Airways and Indigo airlines were fined a total of Rs.258 crore for acting in a concerted manner to fix and revise fuel surcharge (FSC) prices for transporting cargo on November 17, 2015.

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Accordingly, the CCI imposed penalties amounting to Rs.151.69 crore, Rs.63.74 crore and Rs.42.48 crore on Jet Airways, InterGlobe Aviation and SpiceJet, respectively.

Asking CCI to pass a fresh order, the tribunal said in case the fair trade regulator disagrees with the findings of JDG after reconsidering, it can indicate the reasons.

“The CCI shall indicate the reasons for such disagreement and issue notice to the parties, incorporating the reasons of disagreement and give them opportunity to file their replies/objections and thereafter to pass appropriate order in accordance with law,” said the regulatory filing citing the tribunal order.



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