Karnataka HC: Ex-Parte Order of German Court Granting Custody to Mother Not Acceptable  ||  P&H HC Issues Guidelines to Check Unnecessary Arrests  ||  SC: Members of RPF Can Seek Benefit Under Employees Compensation Act  ||  SC: For Appling S.106 of TPA, Tenant Must Prove That Premises was Leased for Manufacturing Purpose  ||  SC: Courts Should Restrain While Exercising Judicial Review in Contracts Involving Technical Issues  ||  Del. HC: Accrual of Cause of Action at a Place is not a Consideration for Determining Jurisdiction  ||  Mad. HC to State: Prevent use of Stickers such as ‘Police’ or ‘GOI’ on Private Vehicles  ||  Bom. HC: Magistrate Needn’t Provide Additional Reasons for Amount of Interim Compensation Awarded  ||  Del. HC: ‘THEOBROMA’ is Free to Expand its Outlets Across the Country  ||  Ker. HC: Detention Order Under KAPPA 2007 must be Confirmed Within 3 Months from Date of Execution    

CCI issues cease and desist order against Kraft Paper Manufacturers and their four associations for indulging in anti-competitive practices- (Press Information Bureau) (12 Oct 2022)


MRTP/ Competition Laws

The Competition Commission of India (CCI) issued a final order today against four regional associations of Kraft Paper manufacturers, including their 115 members which were found to have contravened the provisions of Section 3(3) read with Section 3(1) of the Competition Act, 2002 (the 'Act'), which proscribe anti-competitive agreements. The case was initiated on the basis of information filed by three federations/associations of corrugated box manufacturers.

It was alleged that the various associations of Kraft Paper Manufacturers, by way of periodic meetings and correspondences, direct their members (i.e., Kraft Paper Mills) to: (i) increase the price of the paper to be sold to the buyers, i.e., corrugated box manufacturers; and (ii) create a condition of shortage to enforce the unjust price increase and shut the operation of the paper mills in a region collectively.

Based on the evidence on record such as minutes of Meetings, e-mail communications, WhatsApp messages exchanged on WhatsApp groups as well as oral depositions of various representatives, the CCI found 119 parties including four regional associations of Kraft Paper Manufacturers in contravention of provisions of Section 3(3)(a) and Section 3(3)(b) read with Section 3(1) of the Act, except one Kraft Paper Mill, which was found guilty of contravention of provisions of Section 3(3)(a) read with Section 3(1) of the Act, only. Of the 119 opposite parties, 31 Kraft Paper Mills were lesser penalty applicants before the CCI. Under Section 46 of the Act, a cartel member may approach the CCI by way of filing an application seeking lesser penalty, in return for providing full, true and vital disclosures in respect of the alleged cartel to the Commission.

Keeping in mind the peculiar facts and circumstances of the case including the fact that the many of the Kraft Paper Manufacturers were MSMEs and were going through economic and financial crisis as a fallout of COVID-19 pandemic, the CCI refrained from imposing any monetary penalty upon the infringing associations and Kraft Paper Manufacturers. Further, several Kraft Paper Manufacturers also admitted their wrongdoings and adopted a cooperative and non-adversarial approach. Thus, the CCI considered the aforesaid as the mitigating factors for not imposing any monetary penalty and issued a cease and desist order against the contravening entities.


Share :        

Disclaimer | Copyright 2023 - All Rights Reserved