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ARTICLE · 25 NOVEMBER 2015

COMPAT Chastises Mechanical Application Of Law By Director-General And CCI

The Competition Appellate Tribunal (‘COMPAT') allowed the appeal of Andhra Pradesh Film Chamber of Commerce (‘APFCC') and held that APFCC was not guilty of anti-competitive practices.

IndiaAntitrust/Competition Law
  • COMPAT dismisses claims of abuse of dominance and anti-competitive practices by Andhra Pradesh Film Chamber of Commerce.
  • Holds that Director-General does not have power to strike down rules of an organization.
  • Rejects Commission's mechanical approach of approving findings of Director-General.
  • This ruling once again reiterates fundamental principles which both the Commission and Director-General should follow.

Background

The Competition Appellate Tribunal ('COMPAT') allowed the appeal of Andhra Pradesh Film Chamber of Commerce ('APFCC') and held that APFCC was not guilty of anti-competitive practices ('COMPAT Order').1 APFCC challenged an order of Competition Commission of India ('CCI') which held that the internal rules of APFCC and other parties placed restrictions on dealings with non-members ('CCI Order').2 COMPAT held that CCI had mechanically accepted the findings of the Director-General ('DG') and did not satisfactorily apply the law to the

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