CCI rejects complaint against Civil Aviation Ministry

NEW DELHI: Fair trade watchdog CCI has rejected allegations of anti-competitive practices by the Civil Aviation Ministry in setting up the aircraft acquisition committee, which is now defunct.

The Competition Commission of India (CCI), which keeps a tab on unfair trade practices in the market place, has said that formulation of policy by the Ministry does not fall under its ambit.

"... in light of the definition of the term 'enterprise', it is evident that Ministry of Civil Aviation while framing the impugned guidelines is not engaged in any economic activity as envisaged under the (Competition) Act.

"Formulation of policies is not an activity which per se may be amenable to the jurisdiction of the Commission," the order, dated August 6 and made public today, said.

The complaint, filed by one Vineet Kumar, had alleged that the Ministry was violating Competition Act's Section 4 -- pertaining to abuse of dominant position.

Noting that members of the committee were officers of the units/divisions of the Ministry, the complainant had alleged that such composition was "against all cannons of fair play".

The Aircraft Acquisition Committee, which was set in October 2010, was later wound up by the Ministry.

According to the Commission, the regulator had granted time to the informant to file supplementary information if any.

"On June 25, 2013, the informant sought more time to file the submissions. In the submissions so filed, the informant sought yet more time to file the additional submissions after 'procuring the specific relevant information' from Ministry of Civil Aviation," it noted.

Citing these developments, the Commission said the "information" provided by the informant is not maintainable.