2022 (10) TMI 1269 - SC - Law of Competition

Jurisdiction and proceedings initiated by the Competition Commission of India (CCI) under the Competition Act 2002 - HELD THAT - The CCI is an independent authority to consider any violation of the provisions of the Competition Act 2002. When having prima facie opined that it is a case of violation of the provisions of the Act and thereafter when the proceedings are initiated by the CCI it cannot be said that the same are wholly without jurisdiction. Even considering the observations made by this Court in the case of Competition Commission of India vs. Steel Authority of India Limited and Another 2010 (9) TMI 215 - SUPREME COURT the proceedings before the CCI are required to be disposed of at the earliest. In para 10 it is observed and held The Act and the Regulations framed thereunder clearly indicate the legislative intent of dealing with the matters related to contravention of the Act expeditiously and even in a time-bound programme. Keeping in view the nature of the controversies arising under the provisions of the Act and larger public interest the matters should be dealt with and taken to the logical end of pronouncement of final orders without any undue delay. In the event of delay the very purpose and object of the Act is likely to be frustrated and the possibility of great damage to the open market and resultantly country s economy cannot be ruled out. Conclusion - The CCI should not be restrained from proceeding further with the enquiry/investigation for the alleged violation of any of the provisions of the Act. The Special Leave Petitions stand dismissed.

Summary

The Supreme Court of India, in the case involving the Competition Commission of India (CCI), has dismissed the Special Leave Petitions filed by the petitioners. The Court, comprising Hon'ble Justices M.R. Shah and Sudhanshu Dhulia, ruled that the CCI is an independent authority responsible for investigating violations of the Competition Act, 2002. The Court found no grounds to interfere with the High Court's decision, emphasizing that the CCI's proceedings are not "wholly without jurisdiction."

The judgment referenced the case of *Competition Commission of India vs. Steel Authority of India Limited and Another*, (2010) 10 SCC 744, highlighting the necessity for expeditious handling of cases under the Act to prevent potential harm to the market and economy. The Supreme Court underscored that the CCI should not be restrained from continuing its investigation into alleged violations.

The Court noted that all contentions available to the petitioners remain open for consideration by the CCI, which should proceed in accordance with the law and on its merits. Observations made by the High Court are to be treated as tentative or prima facie. All pending applications were disposed of.