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The Competition Commission of India closes an information case against Air India Limited because the record shows no prima facie case of competition law contravention. A former pilot of the airline files the information alleging that a corporate merger and acquisition causes adverse career impacts, service record destruction, cartelisation, bid-rigging, and abuse of dominance. The Commission notes that the dispute is an inter-se service matter between the individual and the airline, and directs the Secretary to communicate the closure to the informant.
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COMPETITION COMMISSION OF INDIA Case No. 32 of 2023
In Re:
Deepak Kumar VPO Barahi, Tehsil Bahadurgarh, District Jhajjar, Haryana – 124 507 Informant
And
Air India Limited #113, Airlines House, Gurudwara Rakabganj Road, New Delhi – 110 001 Opposite Party
CORAM
Ms. Ravneet Kaur Chairperson
Mr. Anil Agrawal Member
Ms. Sweta Kakkad Member
Mr. Deepak Anurag Member
ORDER UNDER SECTION 26(2) OF THE COMPETITION ACT, 2002
The present Information has been filed by Shri Deepak Kumar (‘Informant’), under Section 19(1)(a) of the Competition Act, 2002 (the ‘Act’), against Air India Limited (‘OP’), alleging contravention of the provisions of the Act.
From the facts stated in the Information, it is noted that the Informant is an individual who is a former pilot with Air India Limited. The OP is an airlines company operating domestic and international flights in India. In 2022, OP was acquired by Tata group. Subsequently, the Commission vide its order dated 01.09.2023 approved the merger of Tata SIA Airlines Limited into the OP, and the acquisition of certain shareholding by Singapore Airlines Limited in the OP, subject to compliance of voluntary commitments offered by the parties.
The Informant seems to be aggrieved by such merger of Tata SIA Airlines Limited and Air India Limited. As per the Informant, the same has led to an adverse impact on his career and service record. The Informant has alleged that under the garb of the said transaction, the Informant's service records have been maliciously destroyed by the OP. The Informant has also made allegations of criminal nature against certain individuals, alleging their complicity in such actions of the OP.
The Informant has inter alia alleged contravention of the following provisions of the Act by the OP:
Based on the above, the Informant has filed the present Information seeking relief that merger of Air India Limited with any other airline or business group be not approved by the Commission.
From the documents annexed with the Information, the Commission notes that there is no evidence placed on record by the Informant which may suggest any case of cartelisation or bid-rigging. Rather, there seems to exist an inter-se dispute relating to the service of the Informant between the Informant and the OP.
In view of the Commission, no competition issue or concern arises from the facts and allegations stated by the Informant. As such, the Commission is of the considered opinion that no prima facie case of contravention of any provisions of the Act can be made out against the OP in the present matter. Hence, the matter is directed to be closed in terms of the provisions contained in Section 26(2) of the Act.
The Secretary is directed to communicate the same to the Informant, accordingly.
Sd/- (Ravneet Kaur) Chairperson
Sd/- (Anil Agrawal) Member
Sd/- (Sweta Kakkad) Member
New Delhi Date: 15.12.2023
Sd/- (Deepak Anurag) Member
