CCI order set aside due to violations of natural justice

By Amit Tambe and Gautam Chawla, Trilegal
0
2101
LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link

The Competition Appellate Tribunal (COMPAT), in a judgment on 23 February, held that the Competition Commission of India (CCI) must follow the principles of natural justice when discharging its statutory functions under the Competition Act, 2002.

Impugned order

The appeal before the COMPAT was filed by the Board of Control for Cricket in India (BCCI) against a CCI order in February 2013 imposing a penalty of ₹522.4 million (US$8.5 million) against BCCI for abusing its dominant position.

Amit Tambe
Amit Tambe

The CCI held that BCCI was dominant in the “market for organization of private professional cricket leagues/events in India” and that it had abused its dominant position in terms of a media agreement (with Multi Screen Media) whereby BCCI had committed to not organize, sanction, recognize or support any professional domestic Indian cricket T20 tournament which competed with the Indian Premier League (during the 10-year term of the agreement).

Although the CCI’s order was challenged on several grounds, BCCI argued that the order should be set aside on account of violation of the principles of natural justice alone. In a detailed judgment delivered by the chairman of the COMPAT, the COMPAT agreed with BCCI, set aside CCI’s order and reiterated the well-established principles of natural justice in the context of the CCI’s functioning.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员

已有集团订阅,可点击此处继续浏览。
如对集团订阅感兴趣,请联络我们

Amit Tambe is a partner at Trilegal and Gautam Chawla is an associate. The views expressed are their personal views. Trilegal is a full-service law firm with offices in Delhi, Mumbai, Bangalore and Hyderabad.

Trilegal_logo_-_BLUE_NEW

Mumbai

One Indiabulls Centre

14th Floor, Tower One, Elphinstone Road

Mumbai – 400 013

Tel: +91 22 4079 1000

Fax: +91 22 4079 1098

Email: amit.tambe@trilegal.com

gautam.chawla@trilegal.com

LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link