Debate over CCI closing cases after probe wing finds breaches
The cases include Cine Prekshakula Viniyoga Darula Sangham (a society for the welfare of cine goers) versus Hindustan Coca-Cola Beverages and Inox, a multiplex chain; Jindal Steel and Power (JSPL) versus Steel Authority of India (SAIL) and Indian Railways; and Arshiya Rail versus Indian Railways and Container Corporation of India.
In these cases and a few others, the complaints about companies indulging in cartelisation/abuse of dominance got verified and endorsed by the CCI’s director general (DG) of investigations. However, in its final order, the CCI overruled the DG’s report but did not specify the section of the Competition Act under which the complaints were dismissed.
Although in many cases the complaints approached the Competition Appellate Tribunal (Compat) against the CCI rulings, the appellate panel sought to know under which section of the Act was the CCI order challenged. “Due to a gap in the competition law, the CCI order does not mention under which section the case is being dismissed, the Compat does not
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