Key persons involved in KFEF film ban let off hook
MRTP/ Competition Laws
Competition Commission of India cannot impose penalties on individual members of a body found to have indulged in anti-competitive activities without affording them an opportunity to make representations.
The Tribunal received the appeal from the Kerala Film Exhibitors Federation, and former members of KFEF, P.V. Basheer Ahamad and M.C. Bobby. In a previous order CCI had ordered them to stop indulging in anti-competitive conduct, perpetrated through the KFEF. Aside from apportioning penalties on KFEF, the Commission found Ahamad and Bobby’s roles sufficiently egregious to impose penalties on them and ordered a two year cessation of contact with KFEF.
The Tribunal accepted submissions by the Appellants that the principles of natural justice stood violated, for CCI had not given the two men an opportunity to make representations before it imposed penalty. However, it rejected claims that CCI’s entire was in error, noting it to have adequately considered the investigative findings. CCI’s order and penalty against KFEF were left untouched, however the penalty imposed against Ahamad and Bobby were set aside.
Tags : COMPETITION PENALTY NOTICE NATURAL JUSTICE