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Penalty For Anti-Trust Violations Must Be Based On Relevant Turnover

Observing that penal provisions in the Competition Act is only to ‘teach a lesson’ and not to ‘finish off’ industries, the Supreme Court, in Excel Crop Care Limited vs CCI, has held that penalty imposed under Section 27 of the Competition Act for anti-trust violations should be based on the relevant turnover.

A bench comprising of Justice AK Sikri and Justice NV Ramana was considering an appeal against the Competition Appellate Tribunal order which had found three Aluminium Phosphide Tablet manufacturers guilty of rigging tenders issued by Food Corporation of India (FCI) and imposed a penalty to Rs 318 crore. The court dismissed the appeals, upholding the penalty imposed.

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