The Competition Commission Appellate Tribunal (Compat) has stayed the Competition Commission of India’s (CCI’s) November order imposing a Rs 1 crore fine on Kingfisher airlines for alleged non-compliance in furnishing sufficient information in a cartelisation probe.

The appellate tribunal ruled against the imposition of a fine after it was convinced on the facts that Kingfisher had indeed furnished the information sought by the CCI in time.

Financial daily Business Standard reported: “The stay order issued last week said it appeared, on the face of the facts, that Kingfisher had complied with the information in time. It also took note of Kingfisher’s counsel’s argument that the showcause notice (for failing to provide information) was issued on September 16, though the company was asked to furnish the details by September 17, through a notice issued in August.”

The fine had been imposed by the CCI on the airline for its failure to provide necessary information in an investigation initiated to unearth anti-competitive charges arising from certain agreements Kingfisher entered into with another carrier Jet Airways in 2008.

Section 43 of the Competition Act 2002 provides for the CCI to levy a fine extending from Rs 1 lakh per day of continuing failure to supply information in a CCI investigation, up to a maximum of Rs 1 crore.

The Compat order is confined to the question of the fine alone with a decisive hearing scheduled to take place on 20 January 2011. Kingfisher was earlier denied relief both in the Bombay High Court and the Supreme Court at its challenge to CCI’s jurisdiction to look into its strategic alliance with Jet Airways.