CCI To Decide Whether It Has Jurisdiction To Investigate Alleged Cartelization By Debt Trustee Units Of IDBI, Axis & SBICap: Bombay High Court
2 years 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 in abeyance as the Securities and Exchange Board of India was also investigating the issue. Senior Advocate Navroz Seervai for Trustees Association of India submitted before the court that the petitioners will proceed to a hearing before the CCI on all aspects including jurisdiction. Considering the possibility of conflicting orders due to parallel investigations, the High Court last year stayed CCI’s investigation till completion of SEBI’s investigation.

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History of this topic

SC reaffirms mandatory CCI approval in insolvency cases: Former SC Judge Justice AK Sikri strongly concurs with the landmark HNG judgement
3 days, 5 hours ago

SC reaffirms mandatory CCI approval in insolvency cases: Former SC Judge Justice AK Sikri strongly concurs with the landmark HNG judgement

Op India  

In a landmark decision passed by the Supreme Court of India in the Hindustan National Glass case on the 29th of January 2025, has reinforced the legislative intent behind Section 31 of the Insolvency and Bankruptcy Code, clarifying that prior approval of the Competition Commission of India is mandatory before a resolution plan involving a combination can be approved by …

Supreme Court transfers Amazon-Flipkart petitions to Karnataka High Court: CCI probe order
2 months, 1 week ago

Supreme Court transfers Amazon-Flipkart petitions to Karnataka High Court: CCI probe order

The Hindu  

The Supreme Court on Monday transferred to Karnataka High Court petitions of Amazon and Flipkart, challenging a Competition Commission of India order for a probe into the e-commerce giants for alleged malpractices. "It will be appropriate if all the petitions which are the subject matter of this transfer petition are transferred for hearing to the High Court of Karnataka," the …

Delhi High Court Slaps ₹1 Lakh Cost On Litigant For Filing Contempt Plea Against CCI To Stall Authority's Ongoing Investigation Against It
3 months 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
3 months 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 Indicates Transfer Of Amazon, Flipkart Sellers' Petitions Against CCI Probe To Karnataka HC; Stays HC Proceedings Until Jan 6
3 months ago

Supreme Court Indicates Transfer Of Amazon, Flipkart Sellers' Petitions Against CCI Probe To Karnataka HC; Stays HC Proceedings Until Jan 6

Live Law  

The Supreme Court on Monday indicated that it may transfer writ petitions filed in various High Courts by Amazon and Flipkart-associated sellers against Competition Commission of India's probe into alleged anti-competitive practices to the Karnataka High Court. Prima facie we are of the view that all cases pending in various High Courts could be transferred to Karnataka High Court for …

SC may transfer challenges to CCI probe into Amazon, Flipkart to Karnataka HC
3 months ago

SC may transfer challenges to CCI probe into Amazon, Flipkart to Karnataka HC

Live Mint  

The Supreme Court on Monday said the Karnataka High Court will hear the challenges against the Competition Commission of India’s probe into e-commerce giants Amazon and Flipkart’s alleged anti-competitive practices. In its plea, CCI sought to transfer 24 writ petitions filed by Amazon, Flipkart and their vendors from various high courts across the country to the Delhi High Court. Two …

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

Supreme Court denies special treatment to CCI over Amazon, Flipkart probe, refuses to transfer petitions
3 months ago

Supreme Court denies special treatment to CCI over Amazon, Flipkart probe, refuses to transfer petitions

Live Mint  

The Supreme Court has clarified to the Competition Commission of India that it will “not get special treatment” as the top court refuses to transfer the writ petitions filed in several High Courts challenging its antitrust probe against e-commerce giants Amazon and Flipkart. The Supreme Court has suggested that all petitions be consolidated with a single judge according to the …

Supreme Court refuses ‘special treatment’ to CCI in probe against Amazon, Flipkart
3 months ago

Supreme Court refuses ‘special treatment’ to CCI in probe against Amazon, Flipkart

Hindustan Times  

NEW DELHI: The Supreme Court on Friday told the Competition Commission of India that it cannot get any “special treatment” in getting a bunch of petitions challenging its antitrust probe against e-commerce giants Amazon and Flipkart transferred from the high courts to the top court or the Delhi high court. The SC told the AG: “Only because some litigant is …

Supreme Court asks CCI to decide on high court to hear challenge against e-commerce antitrust probe by 16 December
3 months ago

Supreme Court asks CCI to decide on high court to hear challenge against e-commerce antitrust probe by 16 December

Live Mint  

The Supreme Court on Friday gave the Competition Commission of India until 16 December to decide which high court should handle the petitions challenging the anti-competitive probe against e-commerce giants Amazon and Flipkart. In its plea, the CCI sought to transfer 24 writ petitions filed by Amazon, Flipkart, and their vendors from various high courts across the country to the …

Supreme Court to hear CCI plea on Amazon, Flipkart case on Friday
3 months ago

Supreme Court to hear CCI plea on Amazon, Flipkart case on Friday

Live Mint  

The Supreme Court will on Friday hear Competition Commission of India’s plea for combining two dozen writ petitions filed by various current and former online sellers of e-commerce platforms Amazon and Flipkart, after the competition watchdog informed the apex court that multiple cases in different High Courts could lead to conflicting judgements. The apex court has listed CCI’s plea to …

Multiple writ petitions by e-commerce players aim curtailing regulator’s powers: CCI tells SC
3 months, 1 week ago

Multiple writ petitions by e-commerce players aim curtailing regulator’s powers: CCI tells SC

Live Mint  

New Delhi: The Competition Commission of India has told the Supreme Court that two dozen writ petitions filed in high courts by companies including Cloudtail India Pvt Ltd, Appario Retail Pvt. The writ petitions filed by e-commerce players in High Courts raises the question whether CCI's Director General can investigate a ‘third party’ who was not specifically identified as ‘an …

CCI to move Supreme Court to break logjam in Amazon, Flipkart anti-trust case
4 months ago

CCI to move Supreme Court to break logjam in Amazon, Flipkart anti-trust case

Live Mint  

New Delhi: India’s competition watchdog may knock on the doors of the country’s top court in an anti-trust case involving e-commerce majors Amazon and Flipkart, and some sellers on their platforms, two persons aware of the development said. Seeking early closure Experts said CCI can move a transfer petition to the Supreme Court to bring an early closure to the …

Competition Commission Of India Must Honour Outcome Of Mediation, Settlements Between Parties: Delhi High Court
6 months, 3 weeks 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. …

Weekly Digest Of IBC Cases: 03rd June 2024 To 09th June 2024
9 months, 1 week ago

Weekly Digest Of IBC Cases: 03rd June 2024 To 09th June 2024

Live Law  

HIGH COURTS Official Liquidator Must Adhere To Ethical Principles And Fairness To Discharge Their Duties Under IBC: Delhi High Court Case Title: Sundaresh Bhat vs Insolvency And Bankruptcy Board of India Case No. 105, 106, 990 of 2024 The National Company Law Appellate Tribunal Delhi, comprising Mr. Justice Rakesh Kumar Jain, Mr. Naresh Salecha, and Mr. Indevar Pandey held that …

Clash Of Jurisdiction: Analysing The IBC-PMLA Conundrum
9 months, 3 weeks ago

Clash Of Jurisdiction: Analysing The IBC-PMLA Conundrum

Live Law  

The Indian Bankruptcy Code 2016 and the Prevention of Money Laundering Act 2002 are two separate laws that operate in their own specific areas. In the case of Rajiv Chakraborty Resolution Professional of EEIL vs Directorate Of Enforcement, the main issue that arose was when the PMLA freeze 74 accounts of the corporate debtor when it was charged under the …

Arbitrability Of Competition Law Disputes In India
1 year, 2 months ago

Arbitrability Of Competition Law Disputes In India

Live Law  

The Competition Act does not specifically incorporate arbitration as a means of resolving antitrust law conflicts. The Argument Of Non-Obstante Cause Under The Arbitration Act Considering that section 5 of the arbitration act begins with a non-obstante clause and states that, notwithstanding anything in any other law, the jurisdiction of the Court is excluded where there is an arbitration agreement, …

CCI’s Power Is To Regulate Markets, Not To Review Decisions Of Statutory Regulators: Delhi High Court
1 year, 9 months ago

CCI’s Power Is To Regulate Markets, Not To Review Decisions Of Statutory Regulators: Delhi High Court

Live Law  

The Delhi High Court on Friday held that power of the Competition Commission of India is limited to regulating markets and does not extend to reviewing the decisions taken by statutory regulators in exercise of their statutory powers. Emphasizing that the power does not extend to “addressing any grievance” regarding arbitrary action by any statutory authority, Justice Vibhu Bakhru said: …

Google Moves Delhi High Court Challenging Single Judge Order Directing CCI To Consider Applications Of Start-Ups Against New Payment Policy
1 year, 10 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, 10 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 Director General's Report Not Determinative Or Conclusive, Commission Can Consider All Aspects Before Final Decision: Delhi High Court
2 years, 5 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 …

Bombay High Court Weekly Round Up: August 29 - September 3 , 2022
2 years, 6 months ago

Bombay High Court Weekly Round Up: August 29 - September 3 , 2022

Live Law  

Nominal Index Nizar Noorali Rangara and Anr. with 11 connected matters 2022 LiveLaw 316 Reports/Judgments Company In Liquidation Cannot Always Avoid Proceedings U/S 138 NI Act, Its Conduct Can Be Weighed In: Bombay High Court Case Title: Nizar Noorali Rangara and Anr. Citation: 2022 LiveLaw 313 The Aurangabad bench of Bombay High Court on Tuesday set aside an order removing …

Supreme Court concerned over eight states not giving consent for CBI probe
3 years, 4 months 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 …

Supreme Court Upholds CCI Order Dismissing Complaints Alleging Anti Competitive Practices By Uber, Ola
4 years, 3 months 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, 3 months 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, 3 months 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 …

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, 6 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 …

CCI vs TRAI : Apex Court Does The Balancing Act
6 years, 2 months ago

CCI vs TRAI : Apex Court Does The Balancing Act

Live Law  

The Apex court has finally put an end to the turf war between the Telecom Regulator and the market regulator by recognizing the different roles played by both regulators in their respective fields and observing that regulators in each sector have assumed great significance with the advent of globalization leading to a free market economy.Elucidating their respective roles,. The Apex …

CCI vs TRAI : Apex Court Does The Balancing Act
6 years, 2 months ago

CCI vs TRAI : Apex Court Does The Balancing Act

Live Law  

The Apex court has finally put an end to the turf war between the Telecom Regulator and the market regulator by recognizing the different roles played by both regulators in their respective fields and observing that regulators in each sector have assumed great significance with the advent of globalization leading to a free market economy.Elucidating their respective roles,. The Apex …

Supreme Court dismisses CCI’s plea for probe against Airtel, Idea, Vodafone
6 years, 3 months ago

Supreme Court dismisses CCI’s plea for probe against Airtel, Idea, Vodafone

Live Mint  

New Delhi: The Supreme Court on Wednesday dismissed a plea by the Competition Commission of India seeking a probe against Bharti Airtel Ltd, Vodafone India Ltd and Idea Cellular Ltd, on complaints of cartelisation by Reliance Jio Infocomm Ltd. The anti trust body had approached the Supreme Court in January this year challenging an order of the Bombay High Court, …

Delhi HC Dismisses Abbott’s Plea Against CCI Enquiry Into Alleged Price Cartelisation [Read Order]
6 years, 3 months ago

Delhi HC Dismisses Abbott’s Plea Against CCI Enquiry Into Alleged Price Cartelisation [Read Order]

Live Law  

The Delhi High Court recently dismissed a petition filed by US drugmaker Abbott that wanted to stall a probe by the Competition Commission of India into allegations of price cartelisation over a key diabetes drug.The order was passed by Justice Vibhu Bakhru.Abbott had challenged an order passed in July last year by the CCI under Section 26 of the Competition …

Competition watchdog orders probe against world’s richest cricket board BCCI for 'abuse of dominant position'
6 years, 9 months ago

Competition watchdog orders probe against world’s richest cricket board BCCI for 'abuse of dominant position'

Firstpost  

In a 14-page order, dated 1 June, the CCI said there is “prima-facie” a case of abuse of dominant position by the BCCI which is in violation of competition norms. New Delhi: The Competition Commission has ordered a detailed investigation against the Indian cricket board BCCI for alleged abuse of dominant position with regard to running professional domestic cricket leagues …

CJI To Deliver CCI’s Annual Day Lecture On ‘Emerging Jurisdiction Of Competition Law’
7 years, 9 months ago

CJI To Deliver CCI’s Annual Day Lecture On ‘Emerging Jurisdiction Of Competition Law’

Live Law  

Chief Justice of India JS Khehar will be the chief guest at the annual day function of the Competition Commission of India on Saturday evening at the Convention Hall, The Ashok, New Delhi.He will deliver the annual day lecture on ‘Emerging Jurisdiction of Competition Law: How will it serve the business community in India, and India’s trade policy’.CCI chairman Devender …

CBI, ED plan to challenge order in Aircel-Maxis case
8 years, 1 month ago

CBI, ED plan to challenge order in Aircel-Maxis case

The Hindu  

The Central Bureau of Investigation and the Enforcement Directorate plan to move the Delhi High Court challenging a lower court order earlier this month discharging former Telecom Minister Dayanidhi Maran, his brother Kalanithi Maran and the latter’s wife Kaveri Kalanithi from bribery and money laundering charges in the Aircel-Maxis deal. Special Public Prosecutor Anand Grover also moved a petition in …

Competition Commission Of India (CCI) Has 81.7 % Disposal
8 years, 4 months ago

Competition Commission Of India (CCI) Has 81.7 % Disposal

Live Law  

Minister of State in the Ministry of Corporate Affairs Today in written reply to a question in Lok Sabha stated that Competition Commission of India had received a total of 707 cases till 31st March, 2016. "The Commission is not proposing to devise any mechanism to halt probe and proceedings in case a. "The Commission is not proposing to devise …

Competition Commission Of India (CCI) Has 81.7 % Disposal
8 years, 4 months ago

Competition Commission Of India (CCI) Has 81.7 % Disposal

Live Law  

Minister of State in the Ministry of Corporate Affairs Today in written reply to a question in Lok Sabha stated that Competition Commission of India had received a total of 707 cases till 31st March, 2016. "The Commission is not proposing to devise any mechanism to halt probe and proceedings in case a. "The Commission is not proposing to devise …

Simultaneous proceedings against Company and persons in charge of it, permissible under Competition Act: CCI [Read Order]
8 years, 7 months ago

Simultaneous proceedings against Company and persons in charge of it, permissible under Competition Act: CCI [Read Order]

Live Law  

The Competition Commission of India, in Ministry of Agriculture and Farmers Welfare vs. M/s Mahyco Monsanto Biotech, has held that it is permissible for the Commission to issue directions to the Director General to look into the role of the persons in-charge of and responsible for the conduct of business of the companies, before returning the finding of contravention against …

Simultaneous proceedings against Company and persons in charge of it, permissible under Competition Act: CCI [Read Order]
8 years, 7 months ago

Simultaneous proceedings against Company and persons in charge of it, permissible under Competition Act: CCI [Read Order]

Live Law  

The Competition Commission of India, in Ministry of Agriculture and Farmers Welfare vs. M/s Mahyco Monsanto Biotech, has held that it is permissible for the Commission to issue directions to the Director General to look into the role of the persons in-charge of and responsible for the conduct of business of the companies, before returning the finding of contravention against …

CBI court cannot order CBI Investigation: Delhi High Court [Read Judgment]
9 years, 2 months ago

CBI court cannot order CBI Investigation: Delhi High Court [Read Judgment]

Live Law  

The powers of a Special Judge cannot be exaggerated so largely so as to include the power to direct the CBI to conduct an investigation for which only a High Court or the Supreme Court are empowered, the High Court said.Delhi High Court in CBI vs. R.K. Yadav has made it clear that Special Judge of the CBI courts is …

CBI court cannot order CBI Investigation: Delhi High Court [Read Judgment]
9 years, 2 months ago

CBI court cannot order CBI Investigation: Delhi High Court [Read Judgment]

Live Law  

The powers of a Special Judge cannot be exaggerated so largely so as to include the power to direct the CBI to conduct an investigation for which only a High Court or the Supreme Court are empowered, the High Court said.Delhi High Court in CBI vs. R.K. Yadav has made it clear that Special Judge of the CBI courts is …

CCI has the right to file appeal in cases where its probes have been stayed by courts : Delhi HC [Read the Judgment]
10 years, 3 months ago

CCI has the right to file appeal in cases where its probes have been stayed by courts : Delhi HC [Read the Judgment]

Live Law  

The Delhi High Court on Tuesday has held that the Competition Commission of India has the right to file an appeal in cases where its probes have been stayed by courts. A single judge of the Delhi High Court had earlier stayed further proceedings by the Competition Commission of India against the Indian arm of the UK-based construction equipment maker …

CCI has the right to file appeal in cases where its probes have been stayed by courts : Delhi HC [Read the Judgment]
10 years, 3 months ago

CCI has the right to file appeal in cases where its probes have been stayed by courts : Delhi HC [Read the Judgment]

Live Law  

The Delhi High Court on Tuesday has held that the Competition Commission of India has the right to file an appeal in cases where its probes have been stayed by courts. A single judge of the Delhi High Court had earlier stayed further proceedings by the Competition Commission of India against the Indian arm of the UK-based construction equipment maker …

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