CCI imposes a collective penalty of Rs 1,788 crore on five tyre manufacturers

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 May 31, 2024

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The Institutional Committee observed that ATMA collects and compiles information relevant to the company: real-time visibility and granular data (monthly and cumulative) on tire production, domestic sales and exports.

The Competition Commission of India (CCI), the antitrust regulator of India, imposed a collective fine of Rs 100 million on 5 tire companies more than 1, 788 suspected of being involved in a cartel. The five tire companies include Apollooloo Tires Ltd, MRF Ltd, CEAT Ltd, JK Tire Industries Ltd and Birla Tires Ltd.

The fair trade regulator also penalized the Automotive Tire Manufacturers Association (ATMA) for their concerted action in raising the prices of various bias/bias tire variants sold in the replacement market and restricting and controlling the market’s production and production. into a cartel.

In a press release Wednesday, the regulator said, “The Commission notes that tire manufacturers exchange price-sensitive data through the association’s ATMA platform to make collective decisions on tire prices.”

The Committee observed that ATMA collects and compiles real-time company and industry data (monthly and cumulative) on tire production, domestic sales and exports. CCI “Therefore, the Committee notes that sharing this sensitive information would help tire manufacturers coordinate more easily.”

CCI Apollo Tires imposed a fine of Rs 4.25 crore, MRF Ltd Rs 6.21 crore and CEATT’s Fine Ltd Rs 2.52 crore. JK Tire and Birla Tires were fined Rs 3.09 crore and Rs 178 crore respectively. million worth of rupees each. The regulator also imposed a fine of Rs 08.41 crore for the trade association ATMAA.

Vaibhav Choukse, Partner, Competition Law, JSA “Identifying and penalizing cartels has been the primary focus of CCII’s enforcement efforts over the last decade. This order reinforces the CCII’s strict approach to cartelization.” “Considering the severity of the penalties, these companies: the CCI order can be challenged before the National Company Law Appellate Tribunal (NCLAT).”

According to the press release, the order was initially passed by the regulator in the execution year 2018. However, it was kept under a sealed cover as per the directions of MRFF, Ltd. of the Madras High Court. The High Court bench then dismissed the appeal of the tire manufacturer and it was transferred to the Supreme Court in 2022 Dismissed on January 28, 2022 .

Now, CCI ATMA through this order has directed ATMA to stop charging wholesale and retail prices through its member tire companies and others.

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