Dear Editor,
Thank you for the interesting article (Flying into trouble?, in the February issue).
While appreciating that there should be provision for a time limit for speedier disposal of appeals by the Competition Appellate Tribunal (COMPAT), I do not share the view that the pendency of an appeal before COMPAT is a dangerous signal which could even ground the deal.
On the issue of appeals, law is well-settled that right of appeal is a matter of substantive right and not merely a matter of procedure, and such a right cannot be taken away except by express enactment.
Not all orders passed by the Competition Commission of India (CCI) are appealable. A direction passed by the CCI under section 26(1) of the act while forming a prima facie opinion is an example.
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