Supreme Court refuses to entertain Asian Paints’ plea against CCI probe
Court dismisses appeal as withdrawn after discharge of procedural and substantive challenges to Competition Commission’s investigation
The Supreme Court has declined to entertain Asian Paints Limited’s plea against the Competition Commission of India’s (CCI) investigation into allegations of abuse of dominance lodged by Grasim Industries Limited (Birla Opus Paints). The bench of Justices JK Maheshwari and Vijay Bishnoi expressed reluctance to hear the appeal, leading Asian Paints to withdraw the petition voluntarily.
The case centers on complaints from Grasim alleging that Asian Paints exercised dominance unlawfully through arbitrary discounts, coercion of dealers, and supply manipulation designed to foreclose competition in the decorative paints market. Acting on these, the CCI directed its Director General to investigate.
Asian Paints challenged the investigation, pointing to earlier closed complaints against it and raising procedural issues including the premature uploading of an unsigned investigation order. However, the Bombay High Court upheld the CCI’s probe as valid and ruled that CCI could investigate based on new factual allegations despite prior investigations.
Upon appeal, after senior counsel advocacy, Asian Paints withdrew the plea, leading to its dismissal by the Supreme Court.