The Competition Commission of India (CCI) has lowered the penalty on Eveready Industries India, Indo National Ltd (Nippo), Panasonic Energy India and their association AIDCM (Association of Indian Dry Cell Manufacturers).

The dry cell battery manufacturers were found guilty of colluding to fix prices of zinc-carbon dry cell battery in India.

An official statement said the penalty on Panasonic has been lowered by 100 per cent, on Eveready by 30 per cent and on Nippo by 20 per cent. The trio had faced penalties of ₹74.68 crore, ₹245.07 crore and Nippo ₹52.82 crore, respectively. A penalty of ₹1.85 lakh had been levied on AIDCM.

CCI found that the three battery manufacturers, facilitated by AIDCM, had indulged in anticompetitive conduct of price coordination, limiting production/supply as well as market allocation in contravention of the provisions of the Competition Law.

It observed that the anti-competitive practices were being carried out from 2008, prior to May 20, 2009, the date on which the relevant sections of the Competition Act became enforceable, and till August 23, 2016, the date of search and seizure operations by the Director General of CCI.

The statement said: “The case against these battery manufacturers was taken-up by CCI suo motu under Section 19 of the Act based on the disclosure by Panasonic under Section 46 of the Act read with the Lesser Penalty Regulations. Subsequently, Eveready and Nippo approached CCI as lesser penalty applicants.”

During investigation, DG (Investigation), CCI, in exercise of the powers vested with it under Section 41(3) of the Act, carried out simultaneous search and seizure operations at the premises of Eveready, Nippo and Panasonic on August 23, 2016 and seized incriminating material and documents there from, the statement added.

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