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ARTICLE · 10 NOVEMBER 2015

COMPAT Assumes Authority To Directly Initiate Investigation By Director-General

Nishith Desai Associates
Explore more from Nishith Desai Associates

COMPAT's order does not set any boundaries on who can file an information before CCI.

IndiaAntitrust/Competition Law
M.S. Ananth
M.S. Ananth
Pratibha Jain
Pratibha Jain
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  • Rules that a consumer of electricity can file an information before Competition Commission of India. Restrictions / limitations could not be read into Section 19 (1) (a) of the Act to limit eligibility of an informant under the Act.
  • COMPAT rules that order refusing investigation under Section 26 (2) of the Act can be challenged in an appeal under Section 53B of the Act.
  • COMPAT in exercise of powers under the Act DG to investigate investigation for violation under the Act rather than remand to Competition Commission for reconsideration.

Background

The Competition Appellate Tribunal ('COMPAT') allowed an appeal against an order of the Competition Commission of India ('CCI') and directed the Director-General ('DG') to investigate allegations of cartelization by the bidders in relation to procurement of coal.1 CCI concluded that material on record did not make out a prima facie case against Maharashtra State Power Generation Co. Ltd. ('MAHA Genco') and

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