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

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: “The CCI has wide powers under the Competition Act but this Court is unable to accept that the said powers extend to reviewing all decisions made by statutory bodies or a foreign government, which are not relatable to a sovereign function of the Government. The scope of examination must be confined to only those areas of economic activities, which have a bearing on the market that engages entities involved in trade and commerce.” The court made the observations while setting aside an order passed by the CCI on February 28, 2014, directing the Director General to conduct investigation into the matter relating to Continuing Professional Education program being conducted by Institute of Chartered Accountants of India. Justice Bakhru also said that the Competition Act does not contemplate the CCI to act as an appellate court or a grievance redressal forum against the decisions taken by statutory regulators, in exercise of their statutory powers and are not interfaced with trade or commerce.