In this edition of the Competition Law Newsletter, we bring to you a significant decision of the Supreme Court and key orders passed by the Competition Commission of India.
SUPREME COURT DISMISSES CCI’S APPEAL AGAINST HIGH COURT ORDER REGARDING INTEREST ON PENALTY
As covered in our December 2025 Newsletter, the Division Bench of the Delhi High Court vide judgment dated 01 November 2025, affirmed the Single Judge’s judgment dated 26 April 2024, which held that the interest on monetary penalties under the provisions of the Competition Act, 2002 (Act) cannot be levied in absence of a valid demand notice as prescribed under the CCI (Manner of Recovery Monetary Penalty) Regulations, 2011, now amended by way of the 2025 regulations. In the facts of the case, admittedly no such notice had been issued by the CCI. Thus, the attempt to impose retrospective interest from 2018 was held to be unsustainable.
