CCI Director General's Report Not Determinative Or Conclusive, Commission Can Consider All Aspects Before Final Decision: Delhi High Court
2 years, 2 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 General will submit a report on his findings after a complaint or a reference is received by it from the Commission. Justice Yashwant Varma observed that after the report of Director General comes up for consideration before CCI, it is open to any party, person or enterprise having substantial interest in the outcome of proceedings, or who is able to establish that its presence before the Commission is necessary in public interest, to seek a right of audience and present its opinion for the competition regulator's consideration. The court also made a reference to the Regulation 25 of the Competition Commission of India Regulations, 2009 which provides the CCI the power to permit a person or enterprise to take part in proceedings.

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History of this topic

Once CoC Approves Resolution Plan Then No Claim Is To Be Entertained: NCLAT
19 hours, 35 minutes ago

Once CoC Approves Resolution Plan Then No Claim Is To Be Entertained: NCLAT

Live Law  

The NCLAT New Delhi bench of Justice Rakesh Kumar Jain, Mr. Barun Mitra and Mr. Indevar Pandey have reiterated that once the Committee of Creditor has approved the resolution plan, then no claim is to be entertained. Counsel for the Respondent stated that IBC is a time-bound process and drew attention to the case of M/s RPS Infrastructure Ltd. vs. …

Delhi High Court Slaps ₹1 Lakh Cost On Litigant For Filing Contempt Plea Against CCI To Stall Authority's Ongoing Investigation Against It
5 days, 13 hours 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 …

SC favours sending pleas over CCI probe against Amazon, Flipkart to Karnataka HC
Trending News
1 week ago

SC favours sending pleas over CCI probe against Amazon, Flipkart to Karnataka HC

Hindustan Times  

NEW DELHI: The Supreme Court on Monday said it was prima facie inclined to send all petitions challenging the Competition Commission of India’s anti-trust probe against e-commerce giants Amazon and Flipkart for alleged malpractices to the Karnataka high court. “Prima facie, we are of the view that all writ petitions be transferred and heard by the Karnataka high court,” a …

Supreme Court backs moving cases against Amazon, Flipkart to Karnataka High Court
1 week, 1 day ago

Supreme Court backs moving cases against Amazon, Flipkart to Karnataka High Court

India Today  

The Supreme Court on Monday expressed its inclination to transfer petitions filed by e-commerce giants Amazon and Flipkart, challenging a Competition Commission of India probe order, to the Karnataka High Court for adjudication. “Prima facie, we are of the view that all cases, which are pending in various high courts, should be transferred to Karnataka High Court for hearing,” the …

Competition Commission Of India Must Honour Outcome Of Mediation, Settlements Between Parties: Delhi High Court
4 months ago

Competition Commission Of India Must Honour Outcome Of Mediation, Settlements Between Parties: Delhi High Court

Live Law  

The Delhi High Court has recently observed that the Competition Commission of India must honour the outcomes of mediation and respect the settlements reached between the parties. A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma said regulatory authorities such as the CCI are no exception to mediation process and settlements.“By doing so, they not only. …

Purchasing Multiple Houses Does Not Automatically Imply Commercial Purpose: Delhi State Commission Holds TDI Infrastructure Liable For Deficiency In Service
5 months, 3 weeks ago

Purchasing Multiple Houses Does Not Automatically Imply Commercial Purpose: Delhi State Commission Holds TDI Infrastructure Liable For Deficiency In Service

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki, held that the ownership of multiple houses does not inherently demonstrate commercial intent. Contentions of the Builder The builder contended in the appeal that the District Commission had failed to consider that the respondents were not consumers under the Consumer Protection Act 2019, as the apartment was …

Delhi State Commission Dismisses Complaint Based On Involvement Of Complex Questions Of Law And Fact, Sets Complainant At Liberty To Approach Civil Court
10 months ago

Delhi State Commission Dismisses Complaint Based On Involvement Of Complex Questions Of Law And Fact, Sets Complainant At Liberty To Approach Civil Court

Live Law  

The State Consumer Disputes Redressal Commission, Delhi bench comprising Justice Sangita Dhingra Sehgal, Ms Pinki and Mr J.P. Agrawal dismissed a complaint against M/s Angel Broking Limited and gave the option to the Complainant to approach the appreciate civil court. The State Commission observed that the complaint involved complex questions of law and fact, which are better suited for resolution …

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 …

Monthly Digest Of IBC Cases: November 2023
1 year ago

Monthly Digest Of IBC Cases: November 2023

Live Law  

Supreme Court IBC Resolution Plan Can't Ignore Government Dues: Supreme Court Dismisses Review Petitions Against 'Rainbow Papers' Case title: Sanjay Agarwal v. State Tax Officer Citation: 2023 LiveLaw 939 The Supreme Court has dismissed a batch of review petitions filed against a 2022 judgment which held that the definition of a secured creditor under the Insolvency and Bankruptcy Code, 2016 …

Unsubstantiated Judicial Remarks Against CBI Demoralizes Entire Agency: Delhi High Court
1 year, 3 months ago

Unsubstantiated Judicial Remarks Against CBI Demoralizes Entire Agency: Delhi High Court

Live Law  

The Delhi High Court has observed that unsubstantiated judicial remarks against the Central Bureau of Investigation demoralizes the entire agency, calling it India’s “premier investigating agency.”“…. The Delhi High Court has observed that unsubstantiated judicial remarks against the Central Bureau of Investigation demoralizes the entire agency, calling it India’s “premier investigating agency.” “…. It is also pertinent to note that …

Govt names Ravneet Kaur as CCI chief for five years
1 year, 7 months ago

Govt names Ravneet Kaur as CCI chief for five years

Live Mint  

New Delhi: The central government has named Ravneet Kaur as chairperson of the Competition Commission of India, two people familiar with the development said, citing an official order. The government is also hiring more members to CCI, anticipating the retirements of members in the Commission to prevent any potential regulatory gaps and ensure continuity in its operations. Amendments to Competition …

Google Moves Delhi High Court Challenging Single Judge Order Directing CCI To Consider Applications Of Start-Ups Against New Payment Policy
1 year, 7 months ago

Google Moves Delhi High Court Challenging Single Judge Order Directing CCI To Consider Applications Of Start-Ups Against New Payment Policy

Live Law  

Google has moved the Delhi High Court challenging an order of the single judge directing the Competition Commission of India to take up the applications moved by an alliance of start-ups against tech giant’s new in-app user choice billing policy and consider the same on or before April 26. Senior Advocate Sandeep Sethi appearing for Google mentioned the appeal before …

Proceedings Before Competition Commission Of India Won’t Be Invalidated Due To Vacancy Or Defect In Its Constitution: Delhi High Court
1 year, 7 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 …

Multiple Vacancies At The Competition Commission Of India (CCI)
1 year, 8 months ago

Multiple Vacancies At The Competition Commission Of India (CCI)

Live Law  

The Competition Commission of India invites applications for the post of Additional Director General, Joint Director General, and Deputy Director General on a foreign service terms basis. Name of the Post: Additional Director General, Joint Director General, and Deputy Director General Essential Qualification and Experience Additional Director General • Officers of the All India Services or Central Civil Services Group …

CCI To Decide Whether It Has Jurisdiction To Investigate Alleged Cartelization By Debt Trustee Units Of IDBI, Axis & SBICap: Bombay High Court
1 year, 9 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 …

NCLAT Delhi Sets Aside CCI Order Giving Clean Chit To DLF, Remands Matter To CCI For Fresh Consideration
1 year, 11 months ago

NCLAT Delhi Sets Aside CCI Order Giving Clean Chit To DLF, Remands Matter To CCI For Fresh Consideration

Live Law  

The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Rakesh Kumar and Dr. Ashok Kumar Mishra, while adjudicating an appeal filed in Amit Mittal v DLF Ltd. & Ors., has set aside the order dated 31.08.2018 passed by the Competition Commission of India giving clean chit to DLF and its subsidiary in allegations of abuse of dominant position. …

High Court Refuses To Stay Lokpal's Order Directing CBI Probe Against MCD Officials Over Complaint Alleging Illegal Constructions In South Delhi
2 years ago

High Court Refuses To Stay Lokpal's Order Directing CBI Probe Against MCD Officials Over Complaint Alleging Illegal Constructions In South Delhi

Live Law  

The Delhi High Court on Friday refused to stay an order passed by Lokpal of India directing Central Bureau of Investigation investigation against officials of the Municipal Corporation of Delhi over a complaint alleging illegal and unauthorized constructions in South Delhi area.As the counsel appearing for MCD prayed for interim protection and that the impugned order be. The Delhi High …

High Court Refuses To Halt CCI Probe Against Karnataka Chemists And Druggists Association, Calls Plea 'Premature'
2 years, 1 month ago

High Court Refuses To Halt CCI Probe Against Karnataka Chemists And Druggists Association, Calls Plea 'Premature'

Live Law  

The Karnataka High Court has refused to interfere with the investigation initiated by Competition Commission of India against the Karnataka Chemists and Druggists Association, which is accused of anti-competitive unfair trade practices. Terming the association's plea premature, Justice K S Hemalekha granted the union a liberty to submit their objections along with the information and documents to CCI Director General …

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 …

‘Hope I Don’t Get To Hear This Case Again’: CJI on Amazon, Future Retail Dispute
2 years, 8 months ago

‘Hope I Don’t Get To Hear This Case Again’: CJI on Amazon, Future Retail Dispute

The Quint  

FRL has sought termination of arbitration proceedings citing a Competition Commission of India order. In December last year, the CCI had imposed a penalty of Rs 202 crore on Amazon and suspended its approval for the deal with Future Coupons, a promoter firm of the group's public listed company Future Retail Ltd, seeking more information. "Thus, we don't have to …

Delhi High Court Reserves Order In Plea Challenging CIC Order Denying Details Of SC Collegium's December 2018 Meeting
2 years, 8 months ago

Delhi High Court Reserves Order In Plea Challenging CIC Order Denying Details Of SC Collegium's December 2018 Meeting

Live Law  

The Delhi High Court on Monday reserved order in a plea challenging an order of Central Information Commission denying information sought regarding the decisions taken by the Supreme Court Collegium in a meeting held on December 12, 2018.Justice Yashwant Varma reserved the order today after hearing Advocate Prashant Bhushan appearing for the petitioner, activist Anjali Bhardwaj.Bhardwaj. The Delhi High Court …

Additional Director General Vacancy At Competition Commission Of India (CCI)
2 years, 8 months ago

Additional Director General Vacancy At Competition Commission Of India (CCI)

Live Law  

The Competition Commission of India invites applications for the post of Additional Director General on behalf of the Ministry of Corporate Affairs invites applications for filling up of following Professional Staff post in the office of Director General, CCI on deputation on a foreign service terms basis. of Post: 02 Essential Qualification and Experience • Services Group 'A' or Autonomous …

Delhi High Court Weekly Roundup: March 14 To March 20, 2022
2 years, 9 months ago

Delhi High Court Weekly Roundup: March 14 To March 20, 2022

Live Law  

CITATIONS 2022 LiveLaw 202 TO 2022 LiveLaw 213NOMINAL INDEXJIVANLAL JOITARAM PATEL v. NATIONAL HIGHWAYS AUTHORITY OF INDIA 2022 LiveLaw 202Mrs. Arbitral Fee Under Fourth Schedule Based On Aggregate Value Of Claim & Counter-Claim : Delhi High Court Case Title: JIVANLAL JOITARAM PATEL v. NATIONAL HIGHWAYS AUTHORITY OF INDIA Citation: 2022 LiveLaw 202 The Delhi High Court has observed that the …

Supreme Court concerned over eight states not giving consent for CBI probe
3 years, 1 month ago

Supreme Court concerned over eight states not giving consent for CBI probe

Deccan Chronicle  

New Delhi: The Supreme Court on Monday expressed concern over eight state governments – all non-BJP ruled states -- not granting “general consent” to the Central Bureau of Investigation to carry out investigation in their respective states, describing it as not a “desirable position”. Sundresh expressed concern over the state of affairs as the investigating agency informed the court that …

Karnataka HC allows CCI to investigate Amazon, Flipkart
3 years, 6 months ago

Karnataka HC allows CCI to investigate Amazon, Flipkart

The Hindu  

In a setback to e-commerce majors Amazon and Flipkart, the Karnataka High Court on Friday upheld the Competition Commission of India’s decision to conduct an investigation through its Director General into whether they had entered into anti-competitive agreements in violation of the provisions of the Competition Act 2002. The e-commerce companies had questioned the January 13 order of the CCI, …

Supreme Court Upholds CCI Order Dismissing Complaints Alleging Anti Competitive Practices By Uber, Ola
4 years ago

Supreme Court Upholds CCI Order Dismissing Complaints Alleging Anti Competitive Practices By Uber, Ola

Live Law  

The Supreme Court has upheld the order of Competition Commission of India dismissing the complaints alleging cartelization and anti-competitive practices by cab aggregators Uber and Ola.The bench comprising Justices RF Nariman, Krishna Murari and KM Joseph however set aside the NCLAT finding that Samir Agrawal, the informant in this case, had no locus standi to move the CCI in this …

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 …

"CBI Director Is The Accused, CBI investigating The Case": Delhi Court Says It is "Violation of Principles of Natural Justice"
4 years, 1 month ago

"CBI Director Is The Accused, CBI investigating The Case": Delhi Court Says It is "Violation of Principles of Natural Justice"

Live Law  

The CBI investigating its own former directors in a corruption case is a "violation of principles of natural justice", a Delhi court said on Tuesday while pulling up the agency for slow pace of probe. Special Judge Sanjeev Aggarwal made the observation about the corruption case against controversial meat exporter Moin Akhtar Qureshi, in which the probe agency's former directors …

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