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 the. 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 the Companies as envisaged under Section 27 read with Section 48 of the Competition Act,2002. The commission has held it otherwise, referring to various judgments by the Apex Court and High courts under various statutes which have pari materia provisions to Section 48 of the Competition Act, where the company and its officer in-charge have been simultaneously prosecuted and convicted/ acquitted. The commission has also referred to Delhi High Court judgment in Pran Mehra vs. CCI, wherein it was held that there cannot be two separate proceedings under Competition Act, in respect of the company and the key-persons.

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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
5 days, 17 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 …

Allegations Of Breach Of Contractual Obligations And Unfair Trade Practices Don't Fall Within Purview Of Competition Act: CCI
2 months, 3 weeks 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 …

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 refuses ‘special treatment’ to CCI in probe against Amazon, Flipkart
3 months, 1 week 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, 1 week 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 …

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 …

Parallel Proceedings On Same Issue In Different Forums Impermissible: Delhi State Commission Overturns District Commission's Order Against Philips Cooperative Group Housing
3 months, 2 weeks ago

Parallel Proceedings On Same Issue In Different Forums Impermissible: Delhi State Commission Overturns District Commission's Order Against Philips Cooperative Group Housing

Live Law  

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held that parallel proceedings on the same issue in different forums are not permissible, as this could lead to judicial contradictions. Brief Facts of the Case The complainant is a member of a housing society managed by Philips Cooperative Group Housing/developer, which launched a project called Philips …

Competition Commission Of India Must Honour Outcome Of Mediation, Settlements Between Parties: Delhi High Court
7 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. …

Personal Disputes Not Covered Under Abuse Of Dominance, CCI Dismisses Complaint Against New Okhla Industrial Development Authority
1 year ago

Personal Disputes Not Covered Under Abuse Of Dominance, CCI Dismisses Complaint Against New Okhla Industrial Development Authority

Live Law  

The Competition Commission of India bench comprising Ms Ravneet Kaur, Mr Anil Agrawal and Ms Sweta Kakkad dismissed an Information submitted against New Okhla Industrial Development Authority alleging abuse of dominance in the relevant market of sales/auctions or allotting residential plots. Brief Facts: Vivek Gupta alleged that the New Okhla Industrial Development Authority holds exclusive authority for the allocation and …

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 Can Scrutinise PSUs: A Stepping Stone Towards Competitive Neutrality
1 year, 5 months ago

CCI Can Scrutinise PSUs: A Stepping Stone Towards Competitive Neutrality

Live Law  

Recent decision in the case Coal India Limited v. Competition Commission of India by the Supreme Court of India has revived the discussion around the principle of Competitive Neutrality in the Indian market. In an appeal filed by the Railways before the Delhi High Court, assailing the order passed by CCI, Delhi High Court upheld that the Competition Act states …

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: …

Govt names Ravneet Kaur as CCI chief for five years
1 year, 10 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, 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 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 …

No Simultaneous CIRP Proceedings Against Same Corporate Debtor: NCLT Ahmedabad
2 years, 1 month ago

No Simultaneous CIRP Proceedings Against Same Corporate Debtor: NCLT Ahmedabad

Live Law  

The National Company Law Tribunal, Ahmedabad Bench, comprising of Dr. Deepti Mukesh and Shri Ajai Das Mehrotra, while adjudicating a petition filed in Vrundavan Residency Pvt. Background Facts In 2019, BDH Industries Ltd. filed a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 bearing CP No 804/2019, seeking initiation of Corporate Insolvency Resolution Process against Mars Remedies …

Challenge Relating To The Bias Of An Arbitrator Cannot Be Raised Under Section 14 Of The A&C Act: Delhi High Court
2 years, 3 months ago

Challenge Relating To The Bias Of An Arbitrator Cannot Be Raised Under Section 14 Of The A&C Act: Delhi High Court

Live Law  

The High Court of Delhi has held a challenge to the mandate of the arbitrator on the ground of bias and a justifiable doubt with respect to the independence and impartiality cannot be raised under Section 14 of the A&C Act. The bench of Justice Yashwant Varma held that Section 14 of the Act confers the power on the Court …

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 …

Competition Act | Order Of Inquiry U/S 26 Does Not Affect Parties' Rights, Opportunity Of Hearing Not Mandatory: Gujarat High Court
2 years, 6 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, 11 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 …

Additional Director General Vacancy At Competition Commission Of India (CCI)
2 years, 11 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 …

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, 4 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 …

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 …

Competition commission slaps ₹14 crore fine on Jaiprakash Associates
5 years, 7 months ago

Competition commission slaps ₹14 crore fine on Jaiprakash Associates

Hindustan Times  

The Competition Commission of India has imposed a penalty of nearly ₹14 crore on Jaiprakash Associates for abusing its dominant market position by imposing “unfair” and “discriminatory” conditions on home buyers. “The Opposite Party perpetrated undesirable industry practices causing substantial harm to the competition and to consumers, ignoring its responsibility as a dominant player to set fair standards of industrial …

Can CCI Probe Company Directors For Violation Of Competition Act? SC To Decide In Mahyco-Monsanto's Plea
6 years, 1 month 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 …

CCI vs TRAI : Apex Court Does The Balancing Act
6 years, 3 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, 3 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, …

Advancing Competition Jurisprudence In India :CCI Order On Walmart-Flipkart Deal
6 years, 7 months ago

Advancing Competition Jurisprudence In India :CCI Order On Walmart-Flipkart Deal

Live Law  

The entry of Wal-Mart in India has always been the subject matter of sufficient debate, primarily from a foreign direct investment perspective. Aside from being an objectively well-reasoned order on the evaluation of the acquisition itself, the reason why this order is worth noting is that it provides a demarcation of the CCI’s role between assessing the competition concerns arising …

CJI To Deliver CCI’s Annual Day Lecture On ‘Emerging Jurisdiction Of Competition Law’
7 years, 10 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 …

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 Associations, Office Bearers Permissible Under Competition Act: Kerala HC [Read Judgment]
8 years, 5 months ago

Simultaneous Proceedings Against Associations, Office Bearers Permissible Under Competition Act: Kerala HC [Read Judgment]

Live Law  

The guilt, if any, of the persons who come under Section 48 of the Act also needs to be examined simultaneous to the guilt of the opposite parties, the court held.Dismissing a challenge against show cause notice issued by the Competition Commission of India against office bearers of the Film Employees Federation of Kerala and its affiliated trade unions, the …

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 …

CCI imposes Penalty on Kerala Film Exhibitors Federation (‘KFEF’) and its two office Bearers for contravening Competition Law
9 years, 6 months ago

CCI imposes Penalty on Kerala Film Exhibitors Federation (‘KFEF’) and its two office Bearers for contravening Competition Law

Live Law  

Competition Commission of India found Kerala Film Exhibitors Federation, an association of theatre owners, to be conducting their activities in contravention of Section 3 of the Competition Act, 2002. The Informant, M/s Crown Theatre, had approached CCI alleging anti-competitive conduct by KFEF in not allowing screening of Malayalam and Tamil films. The Informant, M/s Crown Theatre, had approached CCI alleging …

CCI imposes Penalty on Kerala Film Exhibitors Federation (‘KFEF’) and its two office Bearers for contravening Competition Law
9 years, 6 months ago

CCI imposes Penalty on Kerala Film Exhibitors Federation (‘KFEF’) and its two office Bearers for contravening Competition Law

Live Law  

Competition Commission of India found Kerala Film Exhibitors Federation, an association of theatre owners, to be conducting their activities in contravention of Section 3 of the Competition Act, 2002. The Informant, M/s Crown Theatre, had approached CCI alleging anti-competitive conduct by KFEF in not allowing screening of Malayalam and Tamil films. The Informant, M/s Crown Theatre, had approached CCI alleging …

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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