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ARTICLE · 20 APRIL 2015

Apex Competition Regulator Declares Bcci Not-Out On Appeal

Nishith Desai Associates
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Competition Appellate Tribunal allows appeal filed by Board for Control of Cricket in India due to failure by the Competition Commission of India to follow procedures.

IndiaAntitrust/Competition Law
Kartik Maheshwari
Kartik Maheshwari
Payel Chatterjee
Payel Chatterjee
Pratibha Jain
Pratibha Jain
Simone Reis
Simone Reis
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  • Competition Appellate Tribunal allows appeal filed by Board for Control of Cricket in India due to failure by the Competition Commission of India to follow procedures.
  • Competition Appellate Tribunal reiterates significance of complying with principles of Natural Justice.

INTRODUCTION

The Competition Commission of India ("Commission / CCI") based on a complaint filed by a cricket enthusiast- Mr. Surinder Singh Barmi in February, 2013 had imposed a fine on the Board for Control of Cricket in India ("BCCI") of INR 52.24 Crores for abusing its dominant position in contravention of Section 4(2) (c) of the Competition Act, 2002 ("Act") ("CCI Order"). The Commission in addition to imposition of fine had also directed BCCI to cease and desist from any practice of denying market access to potential competitors through inclusion of one-sided clauses in any agreement in the future, deletion of certain clause in media agreements as well as usage of its

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