The Competition Commission of India had passed a final order on Hyundai Motor India for anti-competitive practices, unaware that the Madras High Court had directed that it should only enquire but not deliver a final order.

‘Communication gap’

The CCI made this representation in court on Tuesday, saying that it would not enforce the order.

Due to a communication gap, it had not been aware of the Court order of April 13, 2015, and had passed a final order on July 27.

Following an appeal by Hyundai, the Court had passed the order that “let (CCI’s) enquiry go on. However, final orders shall not be passed” and posted the matter for further hearing.

Meanwhile, according to the counsel representing the car company, Hyundai Motor India has filed a contempt petition against the CCI.

The CCI had imposed a ₹420-crore penalty on Hyundai Motor, equivalent of 2 per cent of the car company’s average turnover of three years from 2009 to 2012. The penalty was imposed for abuse of dominant position and anti-competitive practices, such as not allowing genuine automobile spare parts to be freely available in the open market.

When Hyundai’s appeal came up before Justices Satish K Agnihotri and KK Sasidharan, the matter was posted for final hearing to September 3.

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