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Tribunal sets aside Competition Commission order against BCCI

COMPAT says BCCI is not allowed detailed hearing in CCI's order, which held the Board guilty of anti-competitive practices

BS Reporter Mumbai
The Competition Appellate Tribunal on Monday set aside a Rs 52-crore fine on the Board of Control for Cricket in India, for alleged irregularities in organising the Indian Premier League (IPL).

Fair-trade watchdog Competition Commission of India (CCI) had imposed the fine in February 2013.

On Monday, the tribunal’s chairman, G S Singhvi, said, “The matter is remitted to the commission for fresh disposal. The finding recorded by the commission on the issue of abuse of dominance is unsustainable. The information downloaded from the net and similar other material do not have any evidential value. The same could not have been relied upon by the commission without giving an opportunity to the appellant to dismiss the same.”
 

In 2013, the CCI had found the BCCI guilty of violating Section 4(2)(c) of The Competition Act, 2002. It had imposed a penalty of six per cent of the average annual revenue of the board between 2007 and 2010.

It had also asked the board to delete an allegedly violative clause in its media rights agreement that said “the BCCI represents and warrants that it shall not organise, sanction, recognise, or support during the rights period another professional domestic Indian T20 competition that is competitive to the league”.

The CCI had directed its director-general to investigate a complaint by a cricket fan on December 9, 2010.

Surinder Singh Barmi had levelled allegations that in organising the IPL, there were irregularities in the grant of franchise rights, media rights and award of sponsorship rights and other local contracts.

In the CCI’s order, the cricket body was asked to desist from using its regulatory powers in any way in considering and deciding on any matter relating to its commercial activities. It also directed the BCCI to cease and desist from any practice denying market access to potential competitors, including inclusion of similar clauses in any agreement..

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First Published: Feb 24 2015 | 12:26 AM IST

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