The Competition Commission of India (CCI)
order penalized 11 cement companies with a fine of Rs.6000 crore for forming a
cartel and profiteering and for causing a loss to economy and consumers. Government also
gave a statement saying that the CCI said the companies colluded to underuse
their plant and create an artificial shortage of cement.
Major cement firms like Aditya Birla
Group, ACC , Ambuja Cements , UltraTech were among
others fined and which dominate a third of the cement market. The companies have been fined 50 per cent of their turnover
for 2009-10 and 2010-11. The cement manufacturers were asked to deposit
the penalty amount within 90 days. They were directed to ‘cease and
desist’ from indulging in any activity relating to agreement, understanding or
arrangement on prices, production and supply of cement in the market.
Executives from the fined companies have denied price fixing.
ACC said "We are aggrieved by this order
and will appeal against it before the Competition Appellate Tribunal,"
stated the company in a statement. UltraTech will have to fork out Rs 1,175
crore and India Cements Rs 187.4 crore. These companies too will follow suit
and take action after studying the order.
The CCI passed the order after a probe was conducted by the
Director General of Investigations on a complaint filed by the Builders
Association of India. The case goes back to 2007-08 when realtors' body
Builders Association of India (BAI) had alleged that the retail prices fixed by
11 members of cement manufacturers association (CMA) were almost similar. The
investigation was first handed to the Serious Fraud Investigation Office (SFIO)
and later to CCI.
A report says that the CCI order will have an
adverse impact on cement companies as they will not be able to raise prices in
the near term. However, costs have been relatively steady, so there is less
pressure to do so near term, it stated further explaining that the key will be
the ability of cement companies to hold on to prices as we have entered the
traditionally low demand monsoon months.
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