Amid mounting criticism of not having disposed of a single case since its notification in May 2009, the Competition Commission of India (CCI) has shifted to fast gear. CCI is set to dispose of at least four of the 20 pending cases in the next four weeks. According to sources, the commission is giving its final touches to the popular case pertaining to leading banks charging a pre-payment penalty from customers to foreclose a loan.
The commission is also expected to pass its judgment in the alleged anti-competitive case concerning film producers and a similar case related to DTH companies refusing inter-operability in their set top boxes to customers.
?The commission will dispose of the cases in another month. Many of these cases have been very complicated and required a lot of time,? a CCI official said. The commission has also reopened the popular Jet Airways and Kingfisher Airlines anti-competitive case after more than six months of delay due to ongoing litigations. The case related to a code-sharing agreement the two airliners had signed in October 2008 to cut costs.
Vijay-Mallaya?s Kingfisher had moved the Bombay High Court questioning the jurisdiction of the commission. However, the court dismissed the case and allowed the commission to carry on the investigations. ?There was a lot of delay because of the High Court case. But now it has been cleared and we are looking into it again?the report would be prepared in one month,? an official said.
The official added that the commission was also increasing headcount for quicker disposal of cases. ?We are looking to recruit at least 30-40 people in the next one-week. Interviews have already been completed,? he said.
Since the UPA government passed a notification in May 2009 for the functioning of the commission, CCI is yet to pass a single verdict. The commission officials have cited issues ranging from unclear jurisdiction to low manpower as the cause.
?It is unfair to say that the commission is going slow?take for instance the pre-payment penalty case of banks. There are about 26 parties involved that we need to look into,? the official said.
Former chairman of the commission Vinod Dhall concurred. He said, ?It is a new regulator and they would take time to dispose of their first case. Even in other countries competition regulators have taken time.? However, he added that the government should have reduced the gestation period by allowing recruitments much earlier. Since its formation, the commission has fought several controversies. Currently the commission is locking horns with its own appellate body, the Competition Appellate Tribunal, in the Supreme Court over a stay order passed by CAT on an ongoing case.