Mumbai HC refuses to quash antitrust probe against DP World
20 Dec 2018
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Dubai-based port operator DP World, which operates terminals at the state-owned Jawaharlal Nehru Port Trust (JNPT), India’s largest container port, has failed to get relief from anti-trust investigations for alleged anti-competitive behaviour after the Mumbai High Court has declined to quash or stall the probe.
The Competition Commission of India (CCI) last month took up anti-trust investigations into alleged antitrust violations by DP World and Denmark’s AP Moller-Maersk at the terminals they operate at JNPT terminals, across the Mumbai harbour.
The CCI’s probe followed a complaint by Singapore’s PSA International Pte Ltd, which alleged that Maersk and DP World colluded to create barriers to hinder the growth of PSA’s terminal by designing charges they levy at JNPT.
DP World’s unit Nhava Sheva International Container Terminal approached the Mumbai High Court last week seeking to quash the CCI probe, which it said was “arbitrary” and “lead to gross discrimination and grave economic harm”.
Although the court refused to stall anti-trust investigations, it will, however, continue to hear arguments on DP World’s plea in January, reports said, referring to the court’s decision on Tuesday.
JNPT, which handled 66 million tonnes of cargo in the last fiscal year to March, is critical to India’s international trade and handles over half the traffic of shipping containers each year.
AP Moller-Maersk, the world’s biggest container shipping group, PSA and DP World are vying for a larger share of the container cargo.
Units of Maersk, DP World and PSA operate four of the port’s five terminals, with the fifth owned by the government.
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