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.
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