CCI Closes Complaint Against Air India Ltd. Citing No Evidence Of Any Act Of Cartelization Or Bid-Rigging

The Competition Commission of India ('CCI') comprising Ravneet Kaur (Chairperson) and Mr. Anil Agrawal (Member), Ms. Sweta Kakkad (Member), and Mr. Deepak Anurag (Member) closed the complaint filed by Mr. Deepak Kumar ('Informant') against Air India Limited ('OP') alleging contravention of provisions of the Competition Act, 2002 ('Act'). The CCI held that there is no contravention of the Act as no evidence suggesting any case of cartelization or bid-rigging on the part of Air India Ltd exists. Brief Facts: OP is an airline company carrying out operations in domestic and international flights in India and the Informant is a former pilot with OP. OP was acquired by the Tata Group in 2022 as the CCI on 01.09.2023 approved the merger of Tata SIA Airlines Limited into the OP, and the acquisition of certain shareholding by Singapore Airlines Limited in the OP, subject to compliance with voluntary commitments offered by the parties. The Informant has prayed that the merger of OP with any other airline or business group must be not approved by CCI. Contentions of the Informant: The Informant contended that the merger has led to an adverse impact on his career and service record as his service records have been maliciously destroyed by the OP. Further, he claimed that OP by forming a cartel with Tata Group has violated Section 3(3) of the Act as Singapore Airlines is trying to acquire a share in the OP by concealing all material facts related to the service of the Informant. Further, there is a violation of Section 3(3)(d) as the acquisition process adopted a bid-rigging in the process and there is a violation of Section 3(4)(d) as the OP which is the Principal Employer of the Informant has refused to deal with him. Lastly, there is a contravention of Section 4 of the Act as OP has abused its dominant position by imposing prohibitory orders upon the Informant, limiting and restricting the scientific and technical development of the Informant's career as a pilot. It has also adopted predatory practices against the Informant and denied him market access by withholding and destroying his service records, not approving his flying records, and fabricating the public registers. creating false documents and making grave remarks about him in his removal from service records. Such acts of the OP not only cause prejudice to the Informant but also to the general public. Observations of the Commission: The CCI closed the case and held no evidence had been placed on record by the Informant suggesting any case of cartelization or bid-rigging on the part of Air India Ltd. The Commission pointed out that the allegations by the Informant seem to show that there is an existence of an inter-se dispute relating to the service of the Informant between the Informant and the OP. In conclusion, the Commission held that there is no contravention of any provisions of the Competition Act, 2002. Case Title: Deepak Kumar vs Air India Limited Case No.: Case No. 32 of 2023 Click Here To Read/Download Order

CCI Closes Complaint Against Air India Ltd. Citing No Evidence Of Any Act Of Cartelization Or Bid-Rigging

Sachika Vij

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