NCLAT redefines limitation in filing competition appeals

NCLAT redefines limitation in filing competition appeals   By way of judgement dated 29 May 2020, the Hon’ble National Company Law Appellate Tribunal (“NCLAT”) has dismissed an appeal against order dated 28 November 2017 passed by the Competition Commission of India (“CCI/Commission”) in favour of NIIT Limited (“NIIT”) primarily on the ground that the time…

NCLAT rejects appeal of Confederation of All India Traders against CCI decision approving acquisition of Flipkart by Walmart

NCLAT rejects appeal of Confederation of All India Traders against CCI decision approving acquisition of Flipkart by Walmart The  National Company Law Appellate Tribunal (“NCLAT”), vide judgment dated 12.03.2020, has upheld the order dated 08.08.2018 passed by the Competition Commission of India (“CCI/Commission”) approving Wal-Mart International Holdings’ (“Walmart”) acquisition of between 51% and 77% of…

Role of Courts in Settling Conflict of Jurisdiction Between Sector Regulators and Competition Regulator in India

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)…

A Type 2 error? NCLAT quashes CCI order punishing Hyundai for Resale Price Maintenance and Tying-in

A Type 2 error? NCLAT quashes CCI order punishing Hyundai for Resale Price Maintenance and Tying-in. The National Company Appellate Tribunal (“NCLAT/Tribunal ”) , in one of its few orders passed on appeals filed before it under the  Competition Act ,2002 (“the Act” ) , vide order dated 19.08.2018 , has set aside the  Competition…