Union Minister reviews Power Sector and Urban Development Schemes with Jharkhand Govt (See 'Corp Brief') APEDA facilitates First Export of fresh Uttarakhand Litchi to Italy (See 'Corp Brief') Nadda calls for Push towards a TB-Free India (See 'Corp Brief') India must take control of security-related necessities to remain future-ready: RM (See 'Corp Brief') Nearly 25 Crore People moved out of poverty: Dr Jitendra Singh (See 'Corp Brief') Flagship Schemes and Innovative Interventions accelerate India's Clean Energy Transition (See 'Corp Brief') Tech Innovation and disruption in Construction Industry (See 'CORP EINSICHT') Historic Qadian-Beas Railway Line Project revived after Nearly 100 Years: Bittu (See 'Corp Brief') TEC workshop focuses on Spectrum Utilization and Satellite-Enabled 5G/6G Networks (See 'Corp Brief') Trade Marks - Quasi-judicial authority cannot validly base its decision on grounds that were not specifically disclosed in SCN, thereby depriving noticee of an effective opportunity to respond: HC (See 'Legal Desk') Smart Seed Technology delivers up to 30% Higher Yields in Groundnut and Soybean (See 'Corp Brief') Joshi launches Smart Warehousing System for Foodgrain Storage (See 'Corp Brief') NIXI to showcase India's growing Internet Ecosystem (See 'Corp Brief') A&C - Financial hardship cannot justify payment of disputed amount linked to fulfilment of deliverable-based obligations: HC (See 'Legal Desk') On Patna visit, Chouhan gives inspiring message in cleanliness campaign (See 'Corp Brief') Railways approves Rs 405 Crore Signalling Modernisation Project on Eastern Railway (See 'Corp Brief') Ministry of Coal to organize 3rd Roadshow on Surface Coal Gasification Projects in Mumbai (See 'Corp Brief') Bharat Innovates 2026 strengthens India's Position as Global Deep-Tech and Innovation Hub (See 'Corp Brief') DAE Secy & Chairman visit Tarapur site; commends NPCIL dedication to the Nuclear Energy Mission (See 'Corp Brief') Two-day Conference on Capacity Building and Strategic Roadmap concludes (See 'Corp Brief') IPR - Interim arrangement directing payment of ad hoc licence fees to copyright owner can continue upon determining that such entity cannot grant licences without registration u/s 33: HC (See 'Legal Desk') 'VB-G RAM G' national launch to begin from AP on July 1: Chouhan (See 'Corp Brief') Iconic Bridges: Pillars of New India's Infrastructure Transformation (See 'Corp Brief') 250 cyclists to join Union Sports Minister as Fit India Movement links cycling, yoga and healthy living (See 'Corp Brief') CCI okays TVS Emerald to acquire shares of combination of PGIM India Asset & PGIM India Trustees (See 'Corp Brief') IPR - Search engine cannot be permitted to auction or monetise that asset without proprietor's authorisation: HC (See 'Legal Desk') CCI approves subscription of equity by Kedaara Pearl & Kedaara Capital in Axis Finance (See 'Corp Brief') CCI nod for combination of certain CCPS and Romsons Group (See 'Corp Brief') PMLA - 180-day limit for provisional attachment cannot be extended due to Supreme Court's COVID limitation orders: HC (See 'Legal Desk')

South Asia LPG Company penalized Rs 19.07 Cr for abuse of dominant position

Published: Jul 11, 2018

BY TIOLCorplaws News Service

NEW DELHI, JULY 11, 2018: THE Competition Commission of India today held the South Asia LPG Company Pvt. Ltd. (SALPG) to be guilty of abuse of dominant position for terminalling services at Visakhapatnam Port. In this regard, the competition watchdog imposed a penalty of Rs 19.07 crores on the company.

The case pertained to access to upstream LPG terminalling infrastructure at Vishakhapatnam Port. Such infrastructure comprises of several components such as unloading arms at the jetty, blender, heat exchanger and cavern (storage facility). Such infrastructure being operated by SALPG is used for handling imports of propane and butane and their blending into LPG. The East India Petroleum Pvt. Ltd. (EIPL) filed an information with CCI under Section 19(1)(a) of the Competition Act, 2002 (Act) alleging that while allowing it to use the blender, the SALPG has been insisting on mandatory use of cavern. This resulted inpaying significant charges to SALPG. The OMCs were thus not finding the LPG terminalling services offered by EIPL economically viable and were constrained to avail the terminalling services offered by the SALPG only. To address this, the EIPL first proposed to use the blender of SALPG and thereafter, take the output directly to the cross-country pipeline, bypassing the cavern. Since this was not agreeable to the SALPG which allowed bypass of cavern to the extent of 25% only, the EIPL proposed to install its own blender, and sought a tap-out and tap-in from the propane and butane lines to discharge blended LPG, bypassing the cavern. This was also not acceptable to the SALPG. Another proposal seeking tap-out from the propane and butane lines at jetty to EIPL own blender and construction of its own infrastructure between the blender and storage facility, was also refused by the SALPG. All this was alleged to be abuse of dominant position by SALPG.

The investigation by the Director General revealed that the SALPG enjoys dominant position in the market for upstream terminalling services at Visakhapatnam Port. Although the SALPG attempted to justify its conduct on grounds of safety & efficiency of business operations, the commission held such conduct to be in contravention of the provisions of Section 4 of the Act. A penalty of Rs 19.07 crores was also imposed on the SALPG for indulging into the anticompetitive conduct.Thereafter, the CCI directed that the SALPG would not insist mandatory use of its cavern and would allow bypass of cavern for both pre-mixed and blended LPG, without any restrictions.

The Commission further held that the SALPG would allow access to its competitors, potential as well as existing, to the terminalling infrastructure at Visakhapatnam Port, subject to compliance with all safety integrity and other requirements under applicable laws and regulations framed thereunder. Such an access should avoid additional cost burden on the SALPG, and the entity seeking access would bear the cost, if any, towards necessary changes to the existing infrastructure. Under this option also, SALPG would not insist on mandatory use of cavern and it would allow bypass of cavern, without any restriction. The SALPG would extend full cooperation for the study or audit undertaken by VPT in relation to the remedies ordered herein. Needless to say, the SALPG would not do anything raising rival's cost.

TIOL CORP SEARCH

TIOL GROUP WEBSITES