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9 Procedural Fairness in India

Avirup Bose, Sagardeep Rathi

From: Antitrust Procedural Fairness

D. Daniel Sokol, Andrew T. Guzman

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 27 September 2022

Fair, reasonable, and non-discriminatory terms (FRAND) — Unfair trading conditions — Basic principles of competition law — Enforcement and procedure — Jurisdictions

The Competition Commission of India (CCI), established under the Competition Act, 2002 has the exclusive original jurisdiction to enforce the provisions of the Act, which came into force on May 20, 2009, with the Act's merger control provisions being subsequently brought into effect on June 1, 2011. However, in the last eight years of existence, the CCI has deviated from the principles of natural justice while exercising its quasi-judicial function, and have deviated from following the due process of law. Many of the appeals from decisions of the CCI before the Competition Appellate Tribunal are on the very basis of non-compliance with principles of natural justice as well as on the merits of the case. This chapter analyzes these decisions. It is divided into three major sub-parts: (i) due process issues at the investigation stage; (ii) due process issues at the decision-making stage; and (iii) due process issues at the remedy stage.

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