Companies Act - Admission of winding-up petition, appointment of provisional liquidator or liquidator, or possession of assets by liquidator does not, by itself, establish irreversibility thereof: HC (See 'Legal Desk') 7th High-Level meeting of OPEC-India Energy Dialogue held in Delhi (See 'Corp Brief') Competition - Formulation of technical specifications & procurement requirements falls primarily within domain of procuring entities, which are at liberty to set terms suited to their needs - no case of contravention of Sections 3 or 4 is made out: CCI (See 'Legal Desk') NHAI signs MoU with SSNNL to simplify Approval Framework for NH (See 'Corp Brief') PMLA - Provisional attachment order unsustainable when there is no apprehension or evidence that subject property is likely to be transferred, concealed or in some way disposed off so as to frustrate confiscation proceedings: SAFEMA Tribunal (See 'Legal Desk') Union Minister inaugurates WWF Global Conservation Conference at Jaipur (See 'Corp Brief') Ministry of MSME gears Up for Special Campaign 6.0 on Swachhata (See 'Corp Brief') SECI celebrates 15th Foundation Day with Stakeholders' Meet (See 'Corp Brief') A&C - Agent cannot claim cross-contractual lien over principal's property for dues arising under separate agreements in absence of express contractual provision permitting such retention: HC (See 'Legal Desk') Coal India advances Technology-led Diversification Across Energy & Minerals (See 'Corp Brief') Digital India RISC-V Grand Challenge under C2S Programme awarded to 3 teams (See 'Corp Brief') IBC - Arrangement of funds to enable corporate debtor to clear its liabilities, coupled with transfer of funds from cooperative bank loan account of applicant directly to bank, is not valid loan disbursement under IBC: NCLT (See 'Legal Desk') Vaishnaw highlights ISM 2.0, indigenous design, manufacturing, talent and India's emergence (See 'Corp Brief') SEBI - SEBI, acting as statutory market regulator, is duty-bound to issue a reasoned, speaking order when a decision carries serious civil consequences for acquirer, target company & investors: SAT (See 'Legal Desk') An unsuccessful 'success fee' litigation (See CORP EINSICHT) Centre commemorates World Patient Safety Day 2026 at NIHFW (See 'Corp Brief') BIMSTEC Energy Centre organises 5-Day Capacity Building Programme (See 'Corp Brief') Scindia inaugurates Renovated Guna Head Post Office in MP (See 'Corp Brief') SEBI - Where material on record discloses need for deeper scrutiny, re-appreciation, review or reconsideration of evidence, leave ought to be granted & the appeal should thereafter be decided on merits: HC (See 'Legal Desk') CCI nod for acquisition of equity of Great White Global by ISAF III Onshore Fund (See 'Corp Brief') From Ink and Ledger to Cloud and Cipher: The Bankers' Books Evidence Act, 2026 - A Critical Appraisal of India's Digital Evidentiary Revolution (See CORP EINSICHT) A&C Act - Question whether particular claim is covered by, or falls outside excepted matters clause of works contract is matter squarely within competence of Arbitral Tribunal u/s 16 of Arbitration and Conciliation Act: SC (See 'Legal Desk') CCI approves acquisition of addl share in Azure Power Global by OMERS Infra (See 'Corp Brief') Beneficiaries express confidence in government policies for e-mobility (See 'Corp Brief') Competition Act - Regulatory decisions taken in exercise of statutory powers not subject to review by CCI; authority concerned is not amenable to scrutiny u/s 4 of Competition Act: CCI (See 'Legal Desk') Semicon 2.0 mission to focus semiconductor design & fabrication; to create 1 lakh jobs (See 'Corp Brief') NLMC to host investor meets ahead of RINL land e-auction (See 'Corp Brief') SEBI - Penalty order under SEBI (PFUTP) Regulations unsustainable where foundational findings regarding volume of manually deleted orders & manipulative intent are perverse & contrary to the record: SAT (See 'Legal Desk') Govt reviews Use of Steel from Ship Recycling to Boost Steel Manufacturing (See 'Corp Brief') Inaugural PDUNASS–GNLU Executive Program on Labour Law concludes at Gandhinagar (See 'Corp Brief') Capital Market - Release of escrow amount maintained for buyback does not bar separate inquiry into alleged fraud under PFUTP Regulations: SC (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