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Deal: Supreme Court stays NCLAT order affirming penalty of INR 751.83 crores on Heineken’s subsidiary, United Breweries Limited, in the alleged beer cartel case

17 Feb 2023

On 17 February 2023, the Supreme Court stayed the order of the National Company Law Appellate Tribunal (NCLAT) which had upheld the penalty of INR 751.83 crores and CCI recovery proceeding imposed on Heineken’s Indian subsidiary i.e., United Breweries Limited (UBL), by the Competition Commission of India (“CCI”).

Previously, on 24 September 2021, the CCI found UBL, SABMiller India Limited (now renamed, as Anheuser Busch InBev India Ltd.), Carlsberg India Private Limited, and All India Brewers’ Association guilty of cartelization in the beer market and had imposed a total penalty of about INR 862 crores. UBL was directed to pay INR 751.83 crores.

The CCI order was affirmed by the NCLAT in its judgment dated 23 December 2022.

Trilegal Competition led by Nisha Kaur Uberoi, Partner & National Head – Competition along with Gautam Chawla, Partner; Rahat Dhawan, Senior Associate, and Shivangi Chawla, Aditi Khemani, Samriddha Gooptu, Prerana De, Ishan Arora and Mehar Dang, associates acted for UB. The Trilegal competition team engaged senior advocates, Aryama Sundaram and Dr Aditya Sondhi.

About Trilegal

Trilegal is one of India’s leading law firms, with expertise across the full spectrum of corporate legal services. Trilegal has offices in four key cities of India.

Trilegal has been recognised as the ‘Firm of the year’ for Client Service Excellence by Asia Law Awards 2021; “M&A Law firm of the Year”by VCCircle Awards 2020; ‘Law Firm of the Decade’ at the RSG Grow India Summit and Awards 2019; one of the most innovative law firms in Asia in the inaugural edition of ALB Trailblazers 2020 and ‘highly commended’ in the FT RSG Innovative Lawyers Awards 2020. Trilegal has also been recognised as one of the ‘Best Overall Law Firms in India’ as part of the India Business Law Journal Annual Indian Legal Awards 2021.

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