[1] Civil Appeal No. 7779 of 2010
[2] Section 36 of the Competition Act states:
“In the discharge of its functions, the Commission shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules made by the Central Government, the Commission shall have the powers to regulate its own procedure.”
[3] Section 27 of the Competition Act states:
“Where after inquiry the Commission finds that any agreement referred to in section 3 or action of an
enterprise in a dominant position, is in contravention of section 3 or section 4, as the case may be, it may pass all or any of the following orders, namely:—
(b) Impose such penalty, as it may deem fit which shall be not more than ten per cent. of the average of the turnover for the last three preceding financial years, upon each of such person or enterprises which are parties to such agreements or abuse:
Provided that in case any agreement referred to in section 3 has been entered into by a cartel, the Commission may impose upon each producer, seller, distributor, trader or service provider included in that cartel, a penalty of up to three times of its profit for each year of the continuance of such agreement or ten per cent of its turnover for each year of the continuance of such agreement, whichever is higher.”
[4] Competition (Amendment) Act, 2007
[5] 44th Report of the Standing Committee on Finance on Competition (Amendment) Bill, 2006
[6] Motion Pictures Association vs. Reliance Big Entertainment Pvt. Ltd., Appeal No. 69 of 2012, dated 17.05.2013
[7] Jeetender Gupta vs. Competition Commission of India & Ors., Appeal No. 30/2014, dated 04.07.2014
[8] L.H. Hiranandani Hospital vs. CCI & Ors., Appeal No. 19 of 21014, dated 18.12.2015
[9] Deepak Kumar Jain and Manoj Kumar Jain vs. Ors., Appeal No. 79 of 2014, dated 08.11.2016
[10] Surendra Prasad vs. CCI & Ors. Appeal No. 43 of 2014, dated 15.09.2015
[11] COMPAT- Jitender Bhargava vs. CCI & Ors., Appeal No. 44 of 2013, dated 27.03.2014, para 11
[12] Magnolia Flat Owners & Anr. vs. DLF Universal Ltd. & Ors., Case no. 67/2010, order under Section 42 of the Act, dated 26.03.2014
[13] M/s Royal Agency vs. Chemists & Druggists Association, Goa & Anr., Case No.63 of 2013, dated 27.10.2015
[14] COMPAT’s decision in Yogesh Ganeshlaji Somani vs. Zee Turner Ltd. & Anr., Appep]oal no. 31/2011, dated 21.03.2013); CCI’s decisions in M/s Royal Agency vs. Chemists & Drk-=Kuggists Association, Goa & Anr., Case No.63 of 2013, dated 27.10.2015, Rohit Medical Store vs. Aashish Enterprises & Ors., Case No. 11/2010, dated 16.12.2010, Jupiter Gaming Solutions Pvt. Ltd. vs. Government of Goa & Anr., Case No. 15/2010, dated 12.05.2011, etc.
[15] Supreme Court, CCI vs. SAIL, Civil Appeal No. 7779/2010, dated 09.09.2010
[16] Also see the judgment of COMPAT in Gujarat industries Power Company Ltd. vs. CCI & GAIL, Appeal No. 03 of 2016, dated 28.11.2016, for a similar discussion on the scope of Regulation 17.
[17] Delhi High Court, Division Bench- South Asia LPG Company vs. CCI & Ors., LPA No. 857/2013, dated 03.09.2014
[18] Nirmala J. Jhala v. State of Gujarat, (2013) 4 SCC 301
[19] Gujarat Industries Power Company Ltd. vs. CCI & GAIL (supra); Surendra Prasad s. CCI, & Ors., Appeal No. 43 of 2014, dated 15.09.2015; North East Petroleum Dealers Association vs. CCI & Ors., Appeal No. 51 of 2015, dated 26.11.2015
[20] Gujarat industries Power Company Ltd. vs. CCI & GAIL, Appeal No. 03 of 2016, dated 28.11.2016;
[21] North East Petroleum Dealers Association vs. CCI & Ors., Appeal No. 51 of 2015, dated 26.11.2015
[22] Gujarat Industries Power Company Ltd. vs. CCI & GAIL (supra); Surendra Prasad s. CCI, & Ors., Appeal No. 43 of 2014, dated 15.09.2015
[23] K Sera Sera vs. DCI & Ors., Appeal No. 79/2015, dated 08.12.2015
[24] Meru Travels Solutions Private Ltd. vs. CCI and Uber, Appeal no. 31/2016, dated 07.12.2016
[25] Section 26 (8)- If the report of the Director General referred to in sub-section (3) recommends that there is contravention of any of the provisions of this Act, and the Commission is of the opinion that further inquiry is called for, it shall inquire into such contravention in accordance with the provisions of this Act.
[26] Delhi High Court- Google Inc. & Ors. vs. Competition Commission of India & Anr., LPA No. 733/2014, dated 27.04.2015
[27] Fast Track Call Cab Pvt. Ltd. vs. ANI Technologies Pvt. Ltd., Case No. 06 of 2015, Order under Section 33 of the Act, dated 03.09.2015
[28] Delhi High Court- Grasim Industries vs. CCI, W.P. (C) No. 4159 of 2013
[29] Delhi High Court- Orient Rubber Industries vs. CCI & Anr., W.P. (C) 11411/2015, dated 22.04.2016
[30] COMPAT- Lafarge India Ltd. vs. CCI & Ors., Appeal No. 105 of 2015, dated 11.12.2015
[31] COMPAT- AIOCD vs. CCI & Ors., Appeal No. 21 of 2013, dated 09.12.2016, Coal India Ltd. vs. CCI, Appeal No. 01 of 2014, dated 17.05.2016
[32] CCI- Surinder Singh Barmi vs. BCCI, Case No. 61/2010, dated 28.02.2013
[33] COMPAT- BCCI vs. CCI & Anr., Appeal no. 17 of 2013, dated 23.02.2015
[34] COMPAT- Sunil Bansal vs. Jaiprakash Associates, Appeal No. 21 of 2016, dated 28.09.2016
[35] COMPAT- Excel Corp. Care vs. CCI, Appeal No. 79 of 2012, dated 29.10.2013
Also see for similar discussion, the judgments of COMPAT in- Lupin Ltd. & Ors. vs. CCI & Ors. Appeal No. 40 of 2016, dated 07.12.2016; ECP Industries Ltd. vs. CCI, Appeal No. 47 of 2015, L.H. Hiranandani vs. CCI, Appeal No. 19 of 2014, dated 18.12.2015; National insurance Co. & Ors. vs. CCI, Appeal No. 94 to 97/2015, dated 09.12.2016
[36] Delhi High Court- Pran Mehra vs. Competition Commission of India & Anr., W.P. (C) 6258/2014, dated 26.02.2015
[37] COMPAT- EIMPA vs. Manju Tharad & Ors., Appeal No. 17 of 2012, dated 14.12.2012; Nandu Ahuja vs. CCI & Anr., Appeal No. 11 of 2011, dated 17.01.2014; Chemists & Druggists Association [Ferozpur] vs. CCI & Ors., Appeal Nos. 21/2014 to 28/2014, dated 30.10.2015; Swapan Kumar Karak vs. CCI & Ors., Appeal No. 42 of 2014, dated 07.12.2015; Shib Sankar Nag Sarkar & Anr. vs. CCI & Anr., Appeal No. 34/2014, dated 10.05.2016; A.N. Mohana Kurup vs. CCI & Ors., Appeal No. 05 of 2016, dated 10.05.2016; Alkem Laboratories & Ors. vs. CCI & Ors., Appeal Nos 09,14 and 15 of 2016, dated 10.05.2016; Bengal Chemists & Druggists Association vs. CCI & Ors., Appeal No. 37 of 2014, dated 10.05.2016; Lupin Ltd. & Ors. vs. CCI & Ors., Appeal No. 40/2016, dated 07.12.2016
[38] Delhi High Court, Pran Mehra vs. Competition Commission of India & Anr., W.P. (C) 6258/2014, dated 26.02.2015
[39] Kerala High Court- B. Unnikrishnan vs. Competition Commission of India, W.P. (C) 22534/2016, dated 23.09.2016
[40] A.N. Mohana Kurup vs. CCI & Ors., Appeal No. 05 of 2016, dated 10.05.2016
[41] M/s Alkem Laboratories Limited vs. Competition Commission of India and Another, Appeal No. 09/ 2016, dated 10.05.2016
[42] CCI- Ministry of Agriculture and Farmers Welfare vs. Mahyco Monsanto, Ref. Case No. 02/2015, dated 26.07.2016
