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Issues involved: Interpretation of provisions of The Competition Act, 2002 regarding referral to Competition Commission.
The appellant argued that the learned Single Judge did not grant the relief sought by the respondent in the writ petition and questioned the need for the High Court to refer the matter to the Competition Commission u/s 21 of The Competition Act. The appellant contended that only a Statutory Authority, as defined in Sec. 2(w) of the Act, can make such a reference, excluding the High Court. It was suggested that the respondent could approach the Competition Commission by filing an application u/s 19 of the Act if desired. Upon review, it was observed that the learned Single Judge did not make a reference u/s 21 of the Act. Despite this, the respondent's counsel indicated that their client would submit a formal application u/s 19 of The Competition Act. Consequently, no further orders were deemed necessary, especially since the Single Judge's view was preliminary, allowing the appellant to contest any such application on all available grounds. The appeal was thus disposed of, with no additional directions issued.
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