Khaitan & Co. advised Viterra India Private Limited (“Viterra”) on its defence and representing Viterra before the CCI. Viterra (a trader / importer of pulses) was alleged to have engaged in cartelisation with other agro-commodity companies leading to an increase in the prices of pulses in the year 2015–16. Based on a holistic analysis of the sector and its unique supply chain, the Firm was able to put forth detailed legal, economic and market structure-based arguments leading to complete exoneration of Viterra. This is rare case where despite dawn raids no contravention was found by the CCI. The Firm successfully obtained a favourable order from the CCI which dismissed all allegations against Viterra.

Office of the Director General (DG), CCI submitted a comprehensive investigation report suggesting that Viterra is responsible for the alleged contraventions. However, KCO was able to rebut all allegations with holistic economic and legal arguments, which convinced the CCI to dismiss the case. The DG, CCI also conducted dawn raids at the premises of Viterra. The order is the first of its kind where the CCI has exonerated the charged parties from the allegations of cartelisation after a dawn raid. Moreover, market structure was characterised by inter se customer relationships with the rival firms which necessarily led to exchange of information and differentiated this from an ordinary collusion / cartelisation case.

Further, even though KCO was engaged by Viterra merely a month before the final hearing, the KCO team was able to quickly grasp nuances of this sector and adhered to the strict timelines laid down by the CCI.

The core team consisted of Anisha Chand, Partner; Anshuman Sakle, Partner; Tanveer Verma, Senior Associate & Yatharth Vardhan Singh, Associate.