Scope Of Investigation By DG Not Limited To Prima Facie Opinion Expressed By CCI Under S. 26 of Competition Act: Delhi HC [Read Judgment]
5 years, 3 months ago

Scope Of Investigation By DG Not Limited To Prima Facie Opinion Expressed By CCI Under S. 26 of Competition Act: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court on Thursday held that the scope of the investigation conducted by the Director-General on directions received under Section 26 of the Competition Act, 2002, is not limited to the prima facie opinion expressed by the Competition Commission of India. Indeed, the directions given by the CCI to the DG under Section 26 of the Act are only to "trigger" investigation", held the bench of Justices S. Muralidhar and Talwant Singh. It was also contended that as per Regulation 18 and 20 of the CCI Regulations, DG has to attach with the investigation report all the evidence and documents, statements, and analysis collected during the investigation, which might not be limited to the prima facie opinion expressed by the CCI. Findings Concurring with the submissions made by CCI, the court held in light of Competition Commission of India v. Steel Authority of India Limited that "opinion formed by the CCI at the stage of issuing directions to the DG under Section 26 of the Act is, by no means, intended to restrict the opinion that may be formed by the DG on such investigation".

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History of this topic

Allegations Of Breach Of Contractual Obligations And Unfair Trade Practices Don't Fall Within Purview Of Competition Act: CCI
1 week, 3 days ago

Allegations Of Breach Of Contractual Obligations And Unfair Trade Practices Don't Fall Within Purview Of Competition Act: CCI

Live Law  

The Competition Commission of India presided by Mr. Ravneet Kaur, Mr. Anil Agrawal, Ms. Shweta Kakkad and Mr. Deepak Anurag dismissed a complaint against Greenbay Infrastructure and held that allegations of breach of contractual obligations and unfair trade practices dont fall within the purview of the Competition Act, 2002. The informants also alleged that the other party was involved in …

Delhi High Court Slaps ₹1 Lakh Cost On Litigant For Filing Contempt Plea Against CCI To Stall Authority's Ongoing Investigation Against It
3 weeks, 1 day ago

Delhi High Court Slaps ₹1 Lakh Cost On Litigant For Filing Contempt Plea Against CCI To Stall Authority's Ongoing Investigation Against It

Live Law  

The Delhi High Court has imposed a cost of Rs. In reality, while the petitioner ostensibly seeks contempt proceedings, it is attempting to secure a judicial review of the investigation methodology through the back door, which cannot be entertained.” Background: The petitioner-company, Forech India Pvt Ltd, was investigated by the CCI regarding alleged existence of a bid-rigging cartel in the …

Not Necessary For PMLA Special Court To Record Reasons For Cognizance Of ED's Complaint: Delhi High Court
1 month, 2 weeks ago

Not Necessary For PMLA Special Court To Record Reasons For Cognizance Of ED's Complaint: Delhi High Court

Live Law  

The Delhi High Court has recently held that it is not necessary for the Special Court under PMLA to record its reasons for taking cognizance of Enforcement Directorate complaint, unlike a private complaint under CrPC or BNSS.Justice Chandra Dhari Singh observed that an initial complaint can be filed by ED under Section 44 of the PMLA, even if the investigation …

CCI Closes Complaint Against Survey Of India: Procurer Free To Prescribe Technical Conditions Under Tender
1 year ago

CCI Closes Complaint Against Survey Of India: Procurer Free To Prescribe Technical Conditions Under Tender

Live Law  

The Competition Commission of India comprising Ms. Ravneet Kaur, Mr. Anil Agrawal, Ms. Sweta Kakkad, and Mr. Deepak Anurag closed the complaint against Surveyor General of India, Survey of India and Technical Committee for Purchase of Plotter, Survey of India. The complaint was filed alleging contravention of the provisions of Section 3 of the Competition Act, 2002 while procuring LED …

Proceedings Before Competition Commission Of India Won’t Be Invalidated Due To Vacancy Or Defect In Its Constitution: Delhi High Court
1 year, 8 months ago

Proceedings Before Competition Commission Of India Won’t Be Invalidated Due To Vacancy Or Defect In Its Constitution: Delhi High Court

Live Law  

The Delhi High Court has observed that the proceedings before the Competition Commission of India would not be vitiated due to vacancy or any defect in its constitution. “As such, the argument that the Act prescribes a minimum number of members who would validly constitute the quorum, so far as the adjudicatory role of the CCI is concerned, is without …

CCI To Decide Whether It Has Jurisdiction To Investigate Alleged Cartelization By Debt Trustee Units Of IDBI, Axis & SBICap: Bombay High Court
1 year, 10 months ago

CCI To Decide Whether It Has Jurisdiction To Investigate Alleged Cartelization By Debt Trustee Units Of IDBI, Axis & SBICap: Bombay High Court

Live Law  

The Bombay High Court on Tuesday disposed of four petitions challenging Competition Commission of India’s investigation into alleged cartelization and price fixing by debenture trustee units of Axis, SBICap and IDBI. Trustees Association of India along with Axis, SBICap and IDBI had approached the High Court last year in separate writ petitions contending that the CCI’s investigation should be kept …

CCI Director General's Report Not Determinative Or Conclusive, Commission Can Consider All Aspects Before Final Decision: Delhi High Court
2 years, 3 months ago

CCI Director General's Report Not Determinative Or Conclusive, Commission Can Consider All Aspects Before Final Decision: Delhi High Court

Live Law  

The Delhi High Court has said a probe report prepared by the Director General of Competition Commission of India is neither determinative nor conclusive since it is ultimately for the Commission to take all aspects, including views that may be expressed before it, into consideration before passing final orders. Section 26 of the Competition Act, 2002 provides that the Director …

Competition Act | Order Of Inquiry U/S 26 Does Not Affect Parties' Rights, Opportunity Of Hearing Not Mandatory: Gujarat High Court
2 years, 3 months ago

Competition Act | Order Of Inquiry U/S 26 Does Not Affect Parties' Rights, Opportunity Of Hearing Not Mandatory: Gujarat High Court

Live Law  

" After submission of the Report by the Inquiry Officer i.e. The Gujarat High Court has held that an order of inquiry under Section 26 of the Competition Act is only a prima facie opinion and does not affect the rights of any person. Petitioners argued that the order of CCI had not complied with the requirements of Section 26 …

Delhi High Court Seeks CBI's Response On Special Court Order For Further Investigation In A Corruption Case Against Maneka Gandhi
4 years, 1 month ago

Delhi High Court Seeks CBI's Response On Special Court Order For Further Investigation In A Corruption Case Against Maneka Gandhi

Live Law  

The Delhi High Court on Friday issued notice to the CBI on BJP MP Maneka Gandhi's plea challenging a trial court order rejecting its closure report in a graft case against her and two others and directing further investigation in the matter. The then Special Judge CBI at Patiala House Courts while contemplating the said closure report directed for reinvestigation …

Consent of State Govt Mandatory for CBI Investigation in Its Jurisdiction, Says Supreme Court
4 years, 1 month ago

Consent of State Govt Mandatory for CBI Investigation in Its Jurisdiction, Says Supreme Court

News 18  

The state government's consent is mandatory for a CBI investigation in its jurisdiction and the agency cannot conduct probe without its nod, the Supreme Court has said. The apex court referred to sections 5 and 6 of the Delhi Special Police Establishment Act, which deal with extension of powers and jurisdiction of special police establishment to other areas and consent …

Though Path-Breaking, The Operational Scope Of Sections 156(3) And 173(8) Cr.P.C. Enlarged By Breaching Judicial Propriety
5 years, 2 months ago

Though Path-Breaking, The Operational Scope Of Sections 156(3) And 173(8) Cr.P.C. Enlarged By Breaching Judicial Propriety

Live Law  

I had occasion to read from www.livelaw.in, a 66-page judgment dated 16-10-2019 rendered by 3 learned Judges of the Hon'ble Supreme Court of India in Vinubhai Haribhai Malaviya and Others v. The Stateof Gujarat and Another. It is pertinent to bear in mind that Section 156 is the only power available to a Magistrate/Court to order investigation or further investigation …

Can CCI Probe Company Directors For Violation Of Competition Act? SC To Decide In Mahyco-Monsanto's Plea
5 years, 10 months ago

Can CCI Probe Company Directors For Violation Of Competition Act? SC To Decide In Mahyco-Monsanto's Plea

Live Law  

The Supreme Court yesterday issued notice on the Special Leave Petition filed by Mahyco Monsanto Biotech Ltd against a Delhi High Court judgment, which upheld the probe initiated by the Competition Commission of India against the directors and key officials of the company for violation of anti-trust laws.MMB, a joint venture of Mahyco and Monsanto Holdings Pvt Ltd, is. The …

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