Delhi High Court recently held that all investigations that were being carried out by the Monopolies and Restrictive Trade Practices (MRTP) Commission and were incomplete when the Competition (Amendment) Act, 2009 (CAA), came into effect in October 2009, would stand transferred to the Competition Commission of India (CCI).
If however, the investigation had crystallized into a “case” before the MRTP Commission was dissolved, it would have been transferred to the Competitions Appellate Tribunal (CAT).
Dismissing a challenge to the jurisdiction of the CCI in Interglobe Aviation Limited and Federation of Indian Airlines v The Secretary, Competition Commission of India and Ors, the court observed that the CCI’s organizational structure is significantly different to that of the now defunct MRTP Commission. As such, the CCI performs “a partly inquisitorial function and a partly quasi-adjudicatory function”.
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。
The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@vsnl.com. Readers should not act on the basis of this information without seeking professional legal advice.
