The Delhi High Court has dismissed UltraTech Cement’s appeal against the Competition Commission of India’s (CCI) decision to allow the Builders’ Association of India (BAI) to participate in its ongoing investigation into alleged cartelisation and price manipulation by grey cement producers.
A division bench ruled that a person or organisation with sufficient interest may be included in CCI proceedings where its participation would assist the investigation or serve the public interest. BAI represents builders and contractors that are major consumers of cement.
The investigation began in 2019 following complaints concerning cement producers’ conduct between December 2018 and May 2019. The CCI subsequently conducted searches at five cement companies, including UltraTech, before its director general submitted an investigation report in July 2022.
CemNet previously reported that the investigation arm had alleged anti-competitive conduct by UltraTech, ACC, Ambuja Cements and 17 other producers across 13 states. Those findings remain allegations under consideration by the CCI and do not constitute a final determination of liability.
BAI will be permitted to inspect non-confidential records and submit its views on the investigation report. The High Court’s ruling is procedural and does not determine whether UltraTech or any other cement producer engaged in cartelisation.
