AIR SAHARA ACQUISITION
MRTPC probe clears Jet-Sahara deal
DGIR finds nothing wrong with acquisition
BY A CORRESPONDENT
May 24, 2006
MRTPC, India's anti-trust body probing the acquisition of Air Sahara
by Air Sahara by Jet Airways has given a clean chit to the takeover,
reports said. According to the Director General (Investigation and
Registration) of the Monopolies and Restrictive Trade Practices
Commission who had probed the deal, there was nothing of a
monopolisitc nature in the takeover. This essentially means all green
lights for the Jet-Sahara merger.
Earlier, the government's Aircraft Acquisition Committee and the
Department of Company Affairs had cleared the deal. The MRTPC started
investigating the case, following a complaint by a legislator from the
opposition party, which prompted the prime minister's office to
intervene.
However, the MRTPC mandate in probing deals of a
potentially-monopolistic deal is limited. Some of the powers of MRTPC
were taken away in 1991. The scope of the investigation was limited to
the anti-competitive nature of the entity's trade practices. However,
since the Jet-Sahara combine has not started operations as a single
entity, the nature of the probe was quite limited. However, if
anti-competitive tendencies are notices in the combine's trade
practices, the MRTPC is free to investigate it again.
In fact, the authorised body to look into anti-competitive behaviors
in India is the Competition Commission. However, the Commission is
still a toothless tiger, and its powers are not clearly assigned.
Since it remains largely on paper, its duties are performed by the
MRTPC.
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