Delhi High Court again holds DG Report Not Binding on CCI -further clarifies interpretational issues under Competition Act By way of judgement dated 10.10.2019, the Honorable High Court of Delhi dismissed an appeal filed by Mr. Saurabh Tripathy (“Petitioner”) against an order passed by the Competition Commission of India (“CCI/Commission”) dated 16.02.2017 holding that…
Role of Courts in Settling Conflict of Jurisdiction Between Sector Regulators and Competition Regulator in India The conflict of jurisdiction between sector specific regulators and CCI has been a perennial source of litigation between the parties which has attracted judicial intervention by writ courts. The higher judiciary in India, including the Competition Appellate Tribunal (COMPAT)…
Delhi High Court settles constitutional challenges to the Competition Act, 2002- refuses to grant substantive relief to Car makers -sends them back to NCLAT for deciding on merits. The High Court of Delhi by its common judgement dated 10.04.2019, has disposed of 12 Writ petitions filed by 10 noted car manufacturers ( BMW, MERCEDES BENZ,…
Supreme Court allows CCI appeal against JCB -permits material seized during dawn raid to be used as evidence The Supreme Court vide order dated 15.01.2019 has allowed an appeal preferred by the Competition Commission of India (“CCI”) challenging the order dated 02.06.2016 of the Delhi High Court (DHC) which restrained the Director General of Competition…
“Role of Courts in competition law enforcement in India” -MM Sharma speaks in the 1st UCL South Asian Competition Law Conference held in London on 6th November,2018. I was invited by the University College of London (UCL) , Faculty of Law at its 1st UCL South Asian Competition Law Conference, 2018 held on 6th…
DELHI HIGH COURT REFUSES TO INTERFERE WITH CCI PRIMA FACIE ORDER POST INVESTIGATION Delhi High Court vide a recent judgement dated 09.03.2018 in a writ petition filed by Cadila Health Care has refused to interfere in a pending inquiry after the submission of the Director General’s (DG) investigation report .The High Court has provided clarity on…
