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ARTICLE · 11 DECEMBER 2018

Supreme Court Upholds Trai's Jurisdiction In Telecom Operators Case

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The central issue before the Supreme Court dealt with the jurisdiction of the CCI to probe into the allegations of cartelisation by IDOs and COAI.

IndiaAntitrust/Competition Law
Rahul Singh
Rahul Singh
Anisha Chand
Anisha Chand
Sakshi Agarwal
Sakshi Agarwal
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On 5 December 2018, the Supreme Court dismissed an appeal by the Competition Commission of India (CCI) challenging a Bombay High Court order in a matter alleging cartelisation by telecom companies Airtel, Vodafone and Idea (collectively, the IDOs). The central issue before the Supreme Court was the jurisdiction of the CCI to probe allegations of cartelisation by IDOs and the Cellular Operators Association of India (COAI).

Brief Background

Reliance Jio Infocomm Limited (Reliance Jio) and two others filed a complaint with the Competition Commission of India (CCI) alleging cartelisation and abuse of dominance by the IDOs and the industry association COAI in violation of Sections 3 and 4 of the Competition Act, 2002 (Competition Act). The CCI found a prima facie case of cartelisation by the IDOs and the COAI, and directed the Director General (DG) to cause an investigation into the matter (Prima Facie Order). Thereafter, investigation commenced, and the DG issued

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