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Delivery firms cleared in price collusion probe in India
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Probe started in 2022 after complaint including against
DHL, UPS
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Final order to be follow review by top antitrust officials
By Aditya Kalra
NEW DELHI, Dec 6 (Reuters) - An Indian antitrust
investigation has concluded there was no price collusion between
the domestic units of delivery companies DHL, United
Parcel Service ( UPS ) and FedEx ( FDX ), according to three
sources and a document seen by Reuters.
The Competition Commission of India (CCI) ordered an
investigation in 2022 into more than a dozen delivery companies
for alleged collusion on discounts and tariffs and had reviewed
thousands of emails to investigate the fees companies charged
for airport services, Reuters reported in January.
The case was filed by the Federation of Indian Publishers,
which complained that global companies, along with many domestic
firms, were deciding charges together and controlling customer
discounts, but no details of the case have been made public in
line with the watchdog's rules.
Reuters was first to report the probe's findings on Friday.
The CCI's findings said the companies did not share
"commercially sensitive information amongst themselves,"
according to the report seen by Reuters.
"On investigation no evidence came to the forefront," the
report noted.
"The allegations levelled by the informant could not be
substantiated," it added.
The investigation was completed in July and a report shared
with all parties in late October, according to one of the
sources with direct knowledge.
DHL, UPS and FedEx ( FDX ) did not respond to a request for comment.
The CCI also did not respond.
The findings will come as a relief to the logistics
industry, which has faced scrutiny from 2015, when France levied
a $735 million fine on 20 companies, including FedEx ( FDX ) and DHL,
for secretly colluding to increase prices.
The report is due to be reviewed by top CCI officials, which
can then issue a final order clearing the companies if they
agree with the findings.
The complainant, the Federation of Indian Publishers, which
also did not respond to a request for comment, can challenge the
findings before senior officials.
The group had alleged that some companies set a fuel
surcharge of 17% to 22%, citing rising prices, but did not cut
them when those prices eased during travel curbs during the
COVID-19 pandemic.
The CCI report concluded that the companies during the
pandemic faced an increase in operational costs due to factors
"well beyond their control" and levied a "COVID/Emergency/Peak
Surcharge", but "this was not done in a concerted manner" and
did not violate antitrust laws, the report said.