S. MURALIDHAR

ORDER

1. Both writ petitions challenge an order dated 16th June 2010 passed by the Competition Commission of India (`CCI’) under Section 26(1) of the Competition Act, 2002 (`CA’).

2. The background to the present petitions is that by an order dated 13th February 2009, the Monopolies and Restrictive Trade Practices Commission (`MRTP Commission’) took cognizance, under Section 11(1) of the Monopolies and Restrictive Trade Practices Act, 1969 (`MRTP Act’), of reports in the print and visual media that airline operators, including the Petitioners herein, had collectively increased air fares and withdrawn the promotional fares as a result of which additional costs were imposed on the consumer and competition in the industry was reduced. The MRTP Commission formed a prima facie opinion that the alleged practice was a restrictive trade practice as defined under Section 33(1)(d) and 33(1)(j) of the MRTP Act. Consequently in exercise of its powers under Regulation 18 of the Monopolies and Restrictive Trade Practices Commission Regulations, 1991 (`MRTP Regulations’), the MRTP Commission ordered a preliminary investigation into the matter by the Di