CCI Need Not Record Reasoned Order Before Ordering DG Probe: Calcutta High Court

The Calcutta High Court has recently held that the Competition Commission of India (CCI) need not record a separate, reasoned order setting out its prima facie opinion before directing the Director General (DG) to investigate under Section 26(1) of the Competition Act, 2002.“Section 26(1) does not contemplate recording of a reasoned order by the Commission,” a Division Bench of Justice Shampa Sarkar and Justice Arjun Ray Mukherjee observed. The Bench, however, found that the CCI had formed a...

Government Instructions To Curb Tender Cartelization Do Not Usurp CCI's Powers: Orissa High Court

The Orissa High Court has dismissed a writ petition challenging government communications issued to ensure fair and transparent participation in open tenders and prevent cartelization and bid rigging, holding that the instructions did not usurp the statutory powers of the Competition Commission of India (CCI). The Court held that the communications merely contemplated administrative steps and possible reference of material to the CCI where evidence of cartelization was found. A Division...

Delhi High Court Allows Proceedings Against Ex-CCI Officer Over Witness Tampering In ONGC Cement Cartel Case

The Delhi High Court has dismissed an appeal by former Competition Commission of India Deputy Director (Law) Vijay Bishnoi against disciplinary proceedings over allegations that he tampered with witness statements during the CCI's investigation into alleged bid rigging in oil well cement tenders.A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia held that the CCI had duly approved the Draft Chargesheet and that the Memo of Charge issued on October 3, 2023 was the...

State Liquor Regulation Doesn't Bar CCI Probe Into Anti-Competitive Conduct: Madhya Pradesh High Court

The Madhya Pradesh High Court on 17 September held that the State's power to regulate liquor under the Madhya Pradesh Excise Act, 1915 does not conflict with the Competition Commission of India's (CCI) jurisdiction to investigate anti-competitive conduct under the Competition Act, 2002.A Division Bench of Justices Vivek Rusia and Pradeep Mittal dismissed a batch of writ petitions filed by distilleries and bottling units operating in Madhya Pradesh, challenging CCI proceedings, including its...

Delhi High Court Upholds BAI Impleadment In CCI's Grey Cement Cartel Probe, Dismisses UltraTech Appeal

The Delhi High Court has dismissed UltraTech Cement Ltd.'s appeal against the Competition Commission of India's decision to implead the Builders Association of India (BAI) in its suo motu probe into alleged cartelisation and price manipulation by grey cement manufacturers. A Division Bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tejas Karia dismissed UltraTech's appeal against the Single Judge's order upholding the CCI's decision. TheCourt held that any entity with...

Telangana High Court Dismisses Dr. Reddy's Plea Against CCI's Procedural Directions In Antitrust Probe

The Telangana High Court recently dismissed a writ petition filed by Dr. Reddy's Laboratories Limited challenging procedural directions issued by the Competition Commission of India (CCI) during an ongoing inquiry into alleged anti-competitive practices in the pharmaceutical distribution sector. Justice Nagesh Bheemapaka held that the impugned order merely directed the petitioner to file objections to the Director General's investigation report and furnish audited financial statements, without...

Informant Has No Right To Hearing At CCI Screening Stage, Must Approach NCLAT: Delhi High Court

The Delhi High Court on 14 May held that the Competition Commission of India (CCI) is not required to issue notice or grant a hearing to an informant at the prima facie screening stage under Section 26(2) of the Competition Act, 2002, and that the appropriate remedy against such closure lies in a statutory appeal before the National Company Law Appellate Tribunal (NCLAT). Justice Purushaindra Kumar Kaurav dismissed the writ petition filed by KSD Zonne Energie LLP and upheld the CCI's closure of...

Delhi High Court Declines To Examine Cartelisation Claims In Tender Dispute, Says Issue Falls Within CCI Domain

The Delhi High Court on Monday refused to examine allegations of cartelisation in a public tender under its writ jurisdiction, holding that such issues require fact-intensive economic analysis and fall within the specialised domain of the Competition Commission of India (CCI). A Division Bench of Justices Anil Kshetarpal and Amit Mahajan dismissed Interlink Foods' challenge to its disqualification from a National Agricultural Cooperative Marketing Federation of India Ltd (NAFED) tender,...

Karnataka High Court Reserves Orders On Pleas Challenging CCI Probe Into Amazon, Flipkart-Linked Sellers

The Karnataka High Court on April 10 reserved its judgment in a batch of writ petitions challenging the scope of the Competition Commission of India's probe into alleged anti-competitive practices by Amazon and Flipkart, particularly the power of the Director General to array additional parties during the investigation.A single-judge bench of Justice M. Nagaprasanna, after hearing the parties, reserved the judgment.Senior Advocate K.G. Raghavan, appearing for Rocket Kommerce LLP and related...