NHAI successfully defends Arbitration Case in Chittorgarh–Udaipur NH Project (See 'Corp Brief') DFS organises workshop on Reservation Policy for PSBs & Public Sector Insurance Companies (See 'Corp Brief') IBC - Successful Resolution Applicant is entitled to pursue dues of Corporate Debtor against its debtors in arbitration even after conclusion of CIRP: SC (See 'Legal Desk') Ministry of Textiles organizes Workshops on Cyber Security & E-Waste Management Awareness (See 'Corp Brief') 'Khadi Mahotsav-2026' inaugurated in Mumbai (See 'Corp Brief') BHASHINI and IISc Bangaluru: Text-to-Speech Model for Sourashtra Language (See 'Corp Brief') IBC - Express forfeiture clause in e-auction notice binds bidder despite absence of express forfeiture stipulation in Schedule I of Liquidation Process Regulations, 2016: SC (See 'Legal Desk') Govt releases FAQs on strategic restructuring of IDBI Bank Ltd (See 'Corp Brief') CCI approves acquisition of majority stake in Tribhovandas Bhimji Zaveri by GRT Jewellers (See 'Corp Brief') CCI okays acquisition of equity in Kids Clinic India by NuageLux BidCo S.à r.l (See 'Corp Brief') A&C - Licence Agreement governing patent licences, JVA creating Indian joint venture, and MoU governing liaison services, operate in distinct fields and are not subservient to Licence Agreement: SC LB (See 'Legal Desk') CCI approves acquisition of shares in FarMart Service by Impact Fund Denmark (See 'Corp Brief') Govt approves Strategic Restructuring of IDBI Bank (See 'Corp Brief') Joshi highlights Role of Standards in India's Clean Energy Transition (See 'Corp Brief') IBC - Moratorium u/s 14 of the IBC does not apply to a surety in a contract of guarantee to the Corporate Debtor: NCLT (See 'Legal Desk') NSDF, SAI join hands with Indian Oil to bolster Boxing ecosystem in India (See 'Corp Brief') Centre unveils measures giving filip to shipbuilding industry (See 'Corp Brief') NIFTEM-K Hosts India-Canada Roundtable on Pulse Protein Innovation, Value Addition and Strategic Partnerships (See 'Corp Brief') FEMA - Expression 'in charge' contemplates control over day to day business of company & liability cannot be imposed merely on basis of designation in absence of material establishing such responsibility: SAFEMA Tribunal (See 'Legal Desk') HM hosts first meeting of BIMSTEC Home Ministers in New Delhi (See 'Corp Brief') Taking Voice-First Multilingual AI Beyond Borders: BHASHINI at NCGG Mussoorie (See 'Corp Brief') From Farms to Borders: NH-22 Four-Laning Project to boost eonnectivity in Bihar (See 'Corp Brief') Prevention of Corruption Act - Where a company is not an accused, authority cannot attach properties of a person on grounds that said person managed affairs of said company, without showing that proceeds of crime reached said company & were used for acquiring the attached property: SAFEMA Tribunal (See 'Legal Desk') India-UK partnership focuses on industry-led research (See 'Corp Brief') Centre urges States to ensure Display of Healthcare Service Rates at Clinical Establishments (See 'Corp Brief') Chouhan calls for Coordinated Action to boost Farm Incomes (See 'Corp Brief') Companies Act - Subsisting judgment of a Court is required to be complied with by concerned Ministry/authorities & intention to file review petition per se does not constitute grounds for withholding compliance with existing judgment: HC (See 'Legal Desk') Union Minister calls for outcome-oriented implementation of PMDDKY (See 'Corp Brief') BRICS Theatre Festival 2026 commences at National School of Drama (See 'Corp Brief') Reddy launches commercialisation catalogue of technologies (See 'Corp Brief') PMLA - Allegations of contravention of the UAPA, by itself, cannot justify indefinite pre-trial detention in separate PMLA proceedings carrying maximum sentence of seven years: HC (See 'Legal Desk') MeitY Pavilion showcases India's digital innovation at India Mobile Congress 2026 (See 'Corp Brief') DRI seizes around 5.8 kg foreign-origin gold worth Rs. 9 crores (See 'Corp Brief') Keylong to house ICMR's first dedicated centre for high-altitude medicine (See 'Corp Brief') SARFAESI - Demand notice issued under Rule 7(1) of IBC Rules, 2019 does not, per se, commence insolvency proceedings against personal guarantors or trigger interim moratorium per Section 96 of IBC 2016: HC (See 'Legal Desk') Digital Health Resources crucial to Building India's Research Mindset: Health Secy (See 'Corp Brief') 53 Tele-MANAS Cells operational across all 36 States (See 'Corp Brief') CSR is not merely a statutory obligation but as strategic instrument for India's growth: Former Cab Secry (See 'Corp Brief') FEMA - Intimation to Customs does not, by itself, constitute proof of import of software, particularly where the software was claimed to have been received through a data communication channel: Tribunal (See 'Legal Desk') An unsuccessful 'success fee' litigation (See CORP EINSICHT)

CCI penalises beer companies for indulging into cartelisation

Published: Sep 25, 2021

By TIOLCorplaws News Service

NEW DELHI, SEPT 25, 2021: THE Competition Commission of India (‘CCI') passed a final order against three beer companies, namely United Breweries Limited (‘UBL'), SABMiller India Limited (now renamed as Anheuser Busch InBev India Ltd. after being acquired by Anheuser Busch InBev SA/NV) (‘AB InBev') and Carlsberg India Private Limited (‘CIPL') for indulging in cartelisation in the sale and supply of beer in various States and Union Territories in India, including through the platform of All India Brewers' Association (‘AIBA').

As AIBA was found to be actively involved in facilitating such cartelisation, CCI also held AIBA to be in contravention of the provisions of Competition Act, 2002 (the ‘Act'), apart from the beer companies. The period of cartel was held to be from 2009 to at least 10.10.2018 (the date on which the Director General (‘DG') conducted search and seizure operations at the premises of the beer companies), with CIPL joining in from 2012 and AIBA serving as a platform for facilitating such cartelisation since 2013. All three beer companies were lesser penalty applicants before CCI.

Based on evidences of regular communications between the parties collected by the DG during search and seizure, and on the basis of the disclosures made in the lesser penalty applications, CCI found that the three companies engaged in price co-ordination in contravention of the provisions of Section 3(3)(a) of the Competition Act, 2002 (the ‘Act') in the States of Andhra Pradesh, Karnataka, Maharashtra, Odisha, Rajasthan, West Bengal, National Capital Territory of Delhi and the Union Territory of Puducherry, in collectively restricting supply of beer in the States of Maharashtra, Odisha and West Bengal in contravention of the provisions of Section 3(3)(b) of the Act, and in sharing of market in the State of Maharashtra as well as co-ordination with respect to supply of beer to premium institutions in the city of Bengaluru in contravention of the provisions of Section 3(3)(c) of the Act. CCI also found co-ordination amongst UBL and AB InBev with respect to purchase of second-hand bottles. Further, 4 individuals of UBL, 4 individuals of AB InBev, 6 individuals of CIPL and the Director General of AIBA, were held by CCI to be liable for the anti-competitive conduct of their respective companies/association, in terms of Section 48 of the Act.

Giving benefit of reduction in penalty under the provisions of Section 46 of the Act of 100% to AB InBev and its individuals, 40% to UBL and its individuals and 20% to CIPL and its individuals. The CCI directed UBL and CIPL to pay penalties of approx. Rs 750 crore and Rs 120 crore respectively, besides passing a cease-and-desist order.

TIOL CORP SEARCH

TIOL GROUP WEBSITES