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Airlines Indicate Plans To Challenge Competition Commission’s Order

SpiceJet, Jet Airways and IndiGo may challenge the CCI’s penalty for cartelisation.



An IndiGo airlines aircraft prepares to land at Chhatrapati Shivaji International Airport in Mumbai, India. (Photographer: Dhiraj Singh/Bloomberg)
An IndiGo airlines aircraft prepares to land at Chhatrapati Shivaji International Airport in Mumbai, India. (Photographer: Dhiraj Singh/Bloomberg)

SpiceJet Ltd., Jet Airways Ltd. and InterGlobe Aviation Ltd. today indicated they plan to challenge the Competition Commission of India's order that penalised them for alleged cartelisation in fixing of fuel surcharge for cargo transport.

"As of now, the company is examining the order of CCI dated March 7, 2018 and shall be taking such steps, including challenging the order in appropriate forum as may be advised and deemed necessary to defend the company's position," SpiceJet said in a filing.

It also noted that the probe conducted by the Director General, which is CCI's investigation arm, had concluded that the airlines did not indulge in anti-competitive activities.

The CCI slapped a total fine of more than Rs 54 crore on the three airlines and has also ordered them to cease and desist from anti-competitive practices.

Jet Airways said after perusal of the CCI order, the airline would “pursue all available legal steps to defend its position as it believes that it is not in contravention of the provisions of the Competition Act 2002”. InterGlobe Aviation -- the parent of IndiGo -- said it is in the process of reviewing the CCI order and is considering exercising its statutory right to appeal against the order.

The three airlines made their stance clear on the CCI order through separate filings to the stock exchange.