Kingfisher - CCI dispute heats up - ELP and AG for CCI Bachubhai for Kingfisher

Mumbai based Bachubhai Munim and the Mumbai office of Economic Laws Practice (ELP) will be arguing on the jurisdiction of Competition Commission of India (CCI) before the Bombay High Court. Vijay Mallya-owned Kingfisher Airlines has moved the Bombay High Court challenging CCI's investigation into the code sharing agreement between Jet Airways and Kingfisher Airlines.

Mumbai based Bachubhai Munim and the Mumbai office of Economic Laws Practice (ELP) will be arguing on the jurisdiction of Competition Commission of India (CCI) before the Bombay High Court. Vijay Mallya-owned Kingfisher Airlines has moved the Bombay High Court challenging CCI's investigation into the code sharing agreement between Jet Airways and Kingfisher Airlines.

The division bench comprising Chief Justice Swatanter Kumar and Justice AM Khanwilkar will hear the CCI plea which has engaged a heavy duty Senior Counsel list. Attorney General Goolam E. Vahanavati and Senior Counsel Andhyarujina who will argue along with ELP's Litigation Partner, Vikram Nankani and Competition Law Partner, Suhail Nathani along with Senior Associate Madhur Baya.

The CCI had initiated investigation in August 2009 to look into the October 2008 alliance between Jet Airways and Kingfisher. The complaint before the CCI was filed by a frequent flier who alleged that the alliance would lead to the formation of a cartel.

Kingfisher's stand is that since the Monopolies and Restrictive Trade Practices Commission (MRTPC) is already looking into the alliance, the CCI investigation will only duplicate the process, and secondly, that the agreement was completed before May 2009 when the CCI was notified. Milind Sathe, Counsel for Kingfisher along with the name partner of Bachubhai Munim & Co., Atul Munim are representing the airline, while Government Counsel Rui Rodrigues is representing the Ministry of Corporate Affairs and others.

It is interesting to see a heavy duty panel engaged by a Government body. High time that Government bodies engaged professionals to defend its claims and actions before the Courts. While a bevy of Senior Counsels may not necessarily strengthen a weak case, it surely lends a certain amount of credibility.