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ARTICLE · 28 APRIL 2015

Jurisdiction Of The CCI: Navigating Through Muddy Waters

Luthra and Luthra Law Offices India
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The jurisdiction of the Competition Commission of India has been widely debated in the recent past. The scope of the CCI's powers is under challenge for varying reasons in several matters.

IndiaAntitrust/Competition Law
Kanika Chaudhary Nayar
Kanika Chaudhary Nayar
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The jurisdiction of the Competition Commission of India (CCI) has been widely debated in the recent past. The scope of the CCI's powers is under challenge for varying reasons in several matters. A few matters that have regularly made headlines are DLF1, Micromax/Ericsson2, IOCL3, ICAI4, DDA5 and JCB/Bull Machines6. Most of these cases have been either been completely or partially stayed by high courts as the verdict on the CCI's jurisdiction is yet to be finally decided.

The foundation of most jurisdictional challenges seems to fundamentally be based on the CCI usurping the jurisdiction of another regulator or court. The Micromax/Ericsson case (which appears to be the closest to reaching closure before the Delhi High Court) relates to Ericsson allegedly demanding unfair, discriminatory and exorbitant royalty for licensing its standard essential patents (of which it is the sole licensor) regarding GSM technology. The main argument adopted by Ericsson is

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