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Shardul Amarchand Mangaldas & Co. (SAM & Co.)

Shardul Amarchand Mangaldas & Co. Successfully Represents Coal India before COMPAT against the Rs. 1773 Crore Penalty Imposed on Coal India by CCI

May 17, 2016   14:10 IST 
New Delhi, Delhi and Mumbai, Maharashtra, India

Shardul Amarchand Mangaldas & Co  (SAM & Co) acted as the legal advisor to Coal India Limited and its subsidiaries, in the matter involving imposition of a fine on CCI of INR 1773. The Competition Appellate Tribunal (COMPAT) has set aside the order of the CCI imposing a fine on CIL, as well as two related orders, and has remitted the matters back to the CCI for fresh consideration.

 

The Shardul Amarchand Mangaldas & Co Team was led by Ms. Pallavi Shroff, Regional Managing Patner and included Shweta Shroff Chopra, Partner, Harman Singh Sandhu, Partner, YamanVerma, Senior Associate, and Toshit Shandilya, Associate, all from the Competition Law Practice..Shardul Amarchand Mangaldas & Co  briefed Senior Advocate Ramji Srinivasan and Advocate Rajshekhar Rao for this batch of cases.

 

The COMPAT order states that the CCI should endeavour to complete its proceedings as soon as possible, but no later than within two months from the date of the receipt of the order of the COMPAT. The CCI’s orders have been set aside as the CCI did not follow the principles of natural justice while hearing the Parties (the members who signed each of the three Orders had not all heard the oral arguments in the three respective cases).

 

The CCI, further to complaints filed by  Maharashtra State Power Generating Company and Gujarat State Electricity Corporation Limited had fined CIL INR 1773 crores for abusing its dominant position as a supplier of coal by imposing unfair and discriminatory conditions in its fuel supply agreements with various customers. The CCI then passed subsequent orders in cases filed by the West Bengal Power Development Corporation Limited, Madhya Pradesh Power Generation Company Limited, Sponge Iron Manufacturers’ Association, and Gujarat Heavy Chemicals Limited, which did not impose a further penalty but required CIL to cease and desist from its unfair conduct and modify the terms of its agreements. These have all been set aside by the COMPAT.

 

About Shardul Amarchand Mangaldas & Co

Shardul Amarchand Mangaldas is one of India’s leading full service law firms. Founded on almost a century of legal achievement, Shardul Amarchand Mangaldas reconstituted in May 2015. Its mission is to ‘enable business by providing solutions as trusted advisors through excellence, responsiveness, innovation and collaboration’.

 

The Firm is known for its exceptional Merger & Acquisition, Private Equity, Competition Law, Dispute Resolution, Capital Markets and Project & Project Finance practices globally.

 

The Firm has been at the helm of major headline transactions and litigation in all segments of industry, besides advising major multi-national corporates on their entry into India and their business strategy.

 

The Firm has more than 390 lawyers, including 70 partners at its offices in six cities across India, which include – New Delhi, Mumbai, Gurgaon, Ahmedabad, Bengaluru and Kolkata.


 
 
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