- (1.) THE present order relates to a reference dated 06.05.2011 received by the Commission from Ministry of Corporate Affairs, Government of India ("MCA") under section 19(1)(b) of the Competition Act, 2002 (the Act). In the reference it was stated that due to the strike called by the pilots of Air India with effect from the midnight of 26th April, 2011, different airlines had started charging exorbitant fares for the tickets. It was also mentioned in the said reference that in normal course also one could not buy tickets online, even though seats were available and tickets had to be bought at higher prices near to the date of departure. The Commission was also asked to consider the possibility of passing an order under section 33 of the Act.
(2.) THE Commission considered the above reference and decided to call a representative of Directorate General of Civil Aviation (DGCA) on 09.05.2011 in order to ascertain details about the fares during the period and also to ascertain the practice adopted by various airlines as regards booking of tickets. A preliminary report from Director General (DG) was also called which was received on 09.05.2011. The Commission after considering various aspects of the case in its meeting held on 09.05.2011 arrived at a conclusion that there exists a prima facie case and passed an order under section 26(1) directing the DG to cause an investigation into the matter.
(3.) IN order to consider the matter under section 33 of the Act, notices were issued on 10.05.2011 to the airlines. While the matter was considered on 13.05.2011, the authorized representatives of various airlines requested for a time of one week to file written submissions in response to the aforesaid notice. The Commission considered their request and directed them to file written submissions by 20.05.2011 and to appear before the Commission on 25.05.2011 to explain their position.;