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Top court stays tribunal order against carmakers in spare parts case 


The Supreme Court has stayed an order of the Competition Appellate Tribunal that held the Indian units of three carmakers guilty of adopting anti-competitive practices in the market for spare parts, two people familiar with the development said.

A division bench comprising Justice Dipak Misra and Justice R Banumathi, on 3 February, stayed the tribunal’s order against Nissan Motor India Pvt Ltd, Ford India Pvt Ltd and Toyota Kirloskar Motor Pvt Ltd, the people said, asking not to be named.

The carmakers didn’t respond to email queries seeking comment.

The three car companies had approached the Supreme Court last month to get relief from the tribunal’s order.

The tribunal had, on 9 December, dismissed the carmakers’ appeals against an order of the Competition Commission of India and directed them to remove curbs on original equipment suppliers selling spare parts.

But the three-member tribunal, headed by former Supreme Court judge GS Singhvi, reduced the penalty to 2% of each company’s turnover from spare parts only and not all products and services. The CCI had imposed a penalty of 2% of each company’s total revenue.

According to the Supreme Court website, law firm Shardul Amarchand Mangaldas & Co is representing Nissan Motors in the case. Ford Motors and Toyota Kirloskar are being represented by law firms J Sagar Associates and AZB & Partners, respectively.

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J Sagar Associates is engaged in providing legal advisory services. Its practice areas include banking and finance; capital markets and securities; corporate compliance, anti-corruption and investigation; dispute resolution; general corporate commercial; mergers and acquisitions and private equity; projects; regulatory and policy; tax, customs and trade. It also provides legal advice and services to international and domestic clients. The firm caters to agriculture and plantations; asset management and financial institutions; communications; construction and engineering; defence and internal security; education; energy; hospitality and leisure; insurance; knowledge based industries; manufacturing, consumer products, industrial products and durables; media, entertainment and sports; mining; municipal and developmental infrastructure; non-government sector; real estate; retail and franchising; services; and transportation. The company was founded in 1991 and is based in Gurgaon, Haryana with additional offices in Mumbai, Ahmedabad, Chennai, Bengaluru, Hyderabad and New Delhi, India.

AZB & Partners is a law firm. It offers services in the areas of merger and acquisition, joint ventures, litigation and international arbitration, capital markets, mutual funds, venture capital, securities law, private equity, banking and finance, information technology and communications, intellectual property and biotechnology, taxation, real estate, media, entertainment and sports law, business process outsourcing, insurance and infrastructure. The firm also publishes legal newsletter under the brand name Inter alia to provide legal development news. The company was founded in 2004 and is based in Mumbai, Maharashtra.

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