Nature of Case: Inquiry under section 19(1)(a) Competition Act, 2002 Case No. 30 of 2013 Brief Summary: The Competition Commission of India (“ CCI ”) imposed penalties totalling Rs 258 crores (INR 2.58 billion) on Jet Airways, IndiGo and SpiceJet for cartelisation in fixing fuel surcharge (“ FSC ”) for transporting cargo. The inquiry was initiated against 5 airlines namely Jet Airways, IndiGo Airlines, Spice Jet, Air India, and Go Air based on a complaint filed by Express Industry Council of India under Section 19(1)(a) of the Competition Act, 2002 ( “Act” ) in May 2009 against the FSC for transporting cargo by Airline companies. The principal issue was whether the Airlines had operated in a “concerted action” by overcharging for cargo freight. Though the enquiry conducted by the Director General (“ DG ”) found that the Airlines were not resorting to any collusion, the CCI rejected the DG’s findings and penalised three carriers, namely Jet Airways, InterGlob...
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