
According to competition law experts, the Jet and
Kingfisher alliance may not be smooth sailing all through as some
anti-competitive elements of their alliance could expose them to regulatory
scrutiny. According to experts, route rationalisation which is a key aspect of
the arrangement could directly impact competition in routes where both airlines
have significant presence now. The arrangement gives the combine control of
over 60% of the domestic civil aviation industry and even officials of the
Monopolies and Restrictive Trade Practices Commission (MRTPC) have started
looking into details of the alliance to seek more information about possible
anti-competitive nature of some parts of the agreement. Although provisions of
the competition law requiring prior approval from the competition regulator for
mergers are yet to be notified, the arrangement signed recently could still
come into the scrutiny. Unlike mergers, such agreements are usually examined
after they come into force and the Competition Commission of India (CCI) could
also look into the agreement once it gets enforcement and adjudication powers.
As of now, the CCI lacks the teeth since it does not have a chairman or members
and its powers have not been notified.
JULY 23RD -27TH, 2009 AT INTERCONTINENTAL-THE LALIT GOA RESORT