ARTICLE
12 September 2017

COMPAT: A Passe Tribunal

La
Luthra and Luthra Law Offices India

Contributor

Luthra and Luthra Law Offices India is a pioneer in commercial legal advice, which is based on its deep understanding of clients’ businesses across diverse sectors and jurisdictions. The Firm is known today for its adeptness to identify and mitigate risks for its clients by providing top-notch legal solutions. Our 55 Partners and over 300 members, spread across New Delhi, Mumbai, Bengaluru, Hyderabad, and Chennai work closely together with our clients to find the best possible solutions. In keeping with the Firm’s legacy of offering exceptional legal solutions and client advice; teams at the Firm ensure that clients receive practical, innovative and cost-effective advice in a responsive manner, while upholding the highest ethical standards. Enormous amounts of knowledge, experience and commitment, successfully help close/ resolve complex and high value transactions & disputes, with practical and creative legal solutions.
Initially, the Competition Act, 2002 did not provide for setting up of an Appellate Tribunal, accordingly a person aggrieved by an order of Competition Commission of India was required to file....
India Antitrust/Competition Law
To print this article, all you need is to be registered or login on Mondaq.com.

Initially, the Competition Act, 2002 did not provide for setting up of an Appellate Tribunal,  accordingly a person aggrieved by an order of Competition Commission of India was required to file  an appeal with the Supreme Court. Meanwhile, in the wake of an order passed by the apex court in  Brahm Dutt v. Union of lndia, 1 the Government of India amended the law and  inter-alia  mandated  the Central Government to set up a Competition Appellate Tribunal (COMPAT) to hear appeals against  order passed by the CCI and also to adjudicate on compensation application to offset the loss/  damages caused as  a  result  of  contravention of the law/ disobedience of orders passed under the  Act. Accordingly, when the law came into force in May, 2009, the Government constituted appellate  tribunal.

In the last 8 years of journey of competition regime, the scrutiny of orders of CCI by the COMPAT  has been found to be 'sturdy and robust accountability  mechanism'. The COMPAT through its orders  has ensured that the Commission works in a fair and transparent basis, following the principles of  natural justice. The COMPAT through various orders has made it palpably clear that the CCI being a  quasi-judicial body has to abide by the principles of natural justice and has shed light on many  provisions which are not explicit. Until the close of financial year 2015-16, the COMPAT has  disposed of 360 appeals. Out of these, the COMPAT upheld CCI's order in 216 appeals, in 144 appeals  the order of CCI have been struck down. The COMPAT has remanded 114 matters to CCI for fresh  examination. COMPAT in series of its orders has held that penalty on a delinquent enterprise needs  to be determined on relevant turnover and not on the basis of total turnover and this principle has  been recently endorsed by the Supreme Court. However, in the breeze of consolidation of tribunals,  the Government through the Finance Act, 2017 has dissolved the COMPAT from May, 2017. NCLAT is to  adjudicate the appeals filed against the orders passed by NCLT benches and  Insolvency & Bankruptcy  orders. Currently, NCLAT has a Chairman and a Technical Member only. It remains to be seen how the  already overburdened NCLAT will deal with complex anti-trust cases. The views expressed  by author  are  personal.

To view the full article please click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More