AnantLaw secures key win for Builders Association of India (BAI) at Rajasthan High Court

AnantLaw successfully represented the Builders Association of India (BAI) before the Hon'ble High Court of Rajasthan, Jaipur Bench, in a writ petition filed by Shree Cement Limited challenging the impleadment of BAI as a party by the Competition Commission of India (CCI) in the ongoing cement cartel case.

In 2019, CCI commenced an investigation for cartelisation by cement manufacturers in India. The same was initiated on the basis of a complaint/letter filed by BAI to the Prime Minister's Office and NITI Aayog. Subsequently, BAI filed an application before the CCI to be added as a "party" and the CCI allowed BAI to be added as a "party".

Several cement manufacturers filed writ petitions under Article 226 of the Constitution of India before various High Courts. Two other cement manufacturers, namely Dalmia Cement and India Cements, filed similar writ petitions before the Madras High Court and the same were dismissed. The Supreme Court of India also dismissed the challenge to the Madras High Court's order and, in effect, affirmed the order of the Madras High Court.

The details about the same may be read at Supreme Court dismissed Dalmia Cement's special leave petition in 2019 cement cartel investigation and Madras High Court delivers significant judgment in cement cartel case.

It was argued before the Rajasthan High Court that in the light of the Supreme Court's order in Dalmia Cements case, the writ petition filed by Shree Cement had become infructuous and the same was accepted by Shree Cement. Accordingly, the writ petition filed by Shree Cement was dismissed by Rajasthan High Court.

This matter carries significant implications for how industry and trade associations can participate in competition law proceedings, particularly in cases involving allegations of cartelization that directly affect their member base.

Our team's efforts ensured that BAI's position as a legitimate and necessary party before the CCI was upheld, reinforcing the important role that industry associations play in competition litigation.

BAI was represented by AnantLaw through its partners Ms Anu Monga and Mr Rahul Goel.