Document Fragment View

Matching Fragments

COMPETITION COMMISSION OF INDIA Suo Motu Case No. 02 of 2017 In Re: Anticompetitive conduct in the Dry-Cell Batteries Market in India Against:

1. Panasonic Corporation, Japan
2. Panasonic Energy India Co. Limited
3. Geep Industries (India) Private Limited CORAM Mr. Sudhir Mital Chairperson Mr. Augustine Peter Member Mr. U. C. Nahta Member Mr. Justice G.P. Mittal Member Present: For Panasonic Corporation, Japan: Mr. Karan Singh Chandhiok, Advocate For Panasonic Energy India Co. Limited and Mr. Parimal Vazir: Mr. Karan Singh Chandhiok and Mr. Sarthak Pande, Advocates For Mr. S.K. Khurana of Panasonic Energy India Co. Limited: Mr. Ashish Mohan, Advocate For Geep Industries (India) Private Limited, Mr. Pushpa M., Mr. Joeb Thanawala and Mr. Jainuddin: None ORDER UNDER SECTION 27 OF THE COMPETITION ACT, 2002 Facts:
(i) Mr. Parimal Vazir of OP-2 - General Manager, Institutional Sales of OP-2 and the contact person in OP-2 with whom OP-3 exchanged e-

mails;

(ii) Mr. S. K. Khurana of OP-2 - Managing Director of OP-2 from 2006 to 2012 and Chairman and Managing Director of OP-2 from 2012 to 31.07.2016;

(iii) Mr. Pushpa M. of OP-3 - In-charge of accounts and finance of OP-3 and signatory to the PSA on behalf of OP-3;

24. Also, apart from the PSA, other strong evidences collected by the DG against the OPs were the statements of the representatives of OP-2 and OP-3 and the e-mail communications exchanged between them. From a bare reading of such statements, it is clear that the MOP of OP-3's products was decided jointly by OP-2 and OP-3 keeping in line the prices decided collectively by OP-2, Eveready and Nippo. Also, analysis of the e-mail communications dated 30-31.05.2011, 10.07.2012, 24.03.2014, 02.06.2014 and 23.09.2014 exchanged between Mr. Parimal Vazir of OP-2 and Mr. Joeb Thanawala of OP-3, when seen in the light of such statements, reveals that commercially sensitive information about prevailing and desired market prices of dry-cell batteries was exchanged between OP-2 and OP-3 and they had a price monitoring system in place.

1. OP-1 None Mr. S. K. Khurana
2. OP-2 Mr. Parimal Vazir Mr. Jainuddin Thanawala
3. OP-3 Mr. Joeb Thanawala Mr. Pushpa M.

30. None of these persons have submitted anything before the Commission to dispute their afore-said liability as concluded by the DG.