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ARTICLE · 15 JULY 2026

Private Compensation In Indian Competition Law: An Untapped Remedy

Shardul Amarchand Mangaldas & Co
Shardul Amarchand Mangaldas & Co
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Shardul Amarchand Mangaldas & Co

Shardul Amarchand Mangaldas & Co

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India’s competition law framework has long recognised follow-on private compensation claims. However, nearly two decades since inception, this remedy remains largely dormant, with only 11 applications filed and just one decided on merits. Compensation applications are now moving towards substantive hearings, the Competition (Amendment) Act, 2023 (2023 Amendment) has expanded the statutory gateway, and the Competition Commission of India (CCI) is showing growing appetite for technical analysis that compensation adjudication demands.

IndiaAntitrust/Competition Law
Yaman Verma
Yaman Verma
Urvi Pathak
Urvi Pathak
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INTRODUCTION

India’s competition law framework has long recognised follow-on private compensation claims. However, nearly two decades since inception, this remedy remains largely dormant, with only 11 applications filed1 and just one decided on merits.2 Compensation applications are now moving towards substantive hearings, the Competition (Amendment) Act, 2023 (2023 Amendment) has expanded the statutory gateway, and the Competition Commission of India (CCI) is showing growing appetite for technical analysis that compensation adjudication demands.

The stakes are significant. Unlike monetary penalties imposed by the CCI, the National Company Law Appellate Tribunal (NCLAT) or the Supreme Court (SC) under the Competition Act, 2002 (Competition Act) which flow to the Consolidated Fund of India3, private compensation is the sole mechanism through which parties harmed by anti-competitive conduct can directly obtain financial redress. This adds a layer of deterrence that state-led

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