HC determined CCI's jurisdiction to initiate investigation under ...

Regulatory Body Must Establish Prima Facie Evidence of Anti-Competitive Practices Before Initiating Formal Investigation Under Section 26(1)

April 12, 2025

Case Laws     Law of Competition     HC

HC determined CCI's jurisdiction to initiate investigation under Section 26(1) of Competition Act, 2002 requires establishing a prima facie case of anti-competitive practices under Sections 3 and/or 4. The court held that CCI must form a preliminary opinion based on received information indicating potential violation before directing investigation. Mere receipt of information does not automatically warrant investigation. The court emphasized that directing investigation without prima facie evidence is jurisdictionally invalid. Applying the test of examining information at face value, the court found no prima facie case existed in the present matter. Consequently, the court quashed CCI's investigation order as null and void, thereby allowing the petition and reaffirming procedural safeguards in competition law enforcement.

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