The Competition Commission of India (CCI) has stated that “multiple” cases have been referred to its investigation arm in the past few months, adding that due procedure of law is being followed after receipt of reports from it, before reaching a final verdict.
Responding to the news report, “CCI dithers on final verdict in major cases” (FE, August 9), the Commission highlighted that anti-trust matters are decided by the Commission as per the procedure laid out under Section 26 of the Competition Act, 2002. Further, it stressed the need to follow the “procedures for enquiry” as outlined under Section 19, on receipt of reference from various agencies, including the Central and state governments. This, it said, is because “the consequences following CCI’s decision have widespread ramifications and play a crucial role in market dynamics.”
“Apart from such procedural requirements, it may also be noted that some matters are also sub judice before the Courts of law and interim/ stay orders have been passed,” the CCI stated. “There arc several investigation orders whose details, for specific reasons, are not made available in the public domain in order to preserve the sanctity of the investigation/ inquiry process,” the regulator said.
The cited FE report said the CCI is yet to issue final orders in over 20 cases for over a year, even though anti-trust investigations are complete and the reports are available with the regulator. The report also quoted an official saying that such pending cases with CCI include alleged antitrust misconduct of Apple, Amazon, Flipkart, Google, pharma associations, as also cement and tyre companies. The person was also quoted as saying that, “in some cases, parties have moved courts.” In some cases, where the Directorate General-Investigation at the CCI has submitted its reports, the regulator’s board has sought more information from it, and in some other cases, it is seeking comments from the respective companies/associations,” the report added.
The Commission said inviting statements and objections and rejoinder of various parties on the (investigation) reports (are) to meet the principles of natural justice, as also ordering supplementary investigation wherever required, setting up of confidentiality ring, inspection of documents, hearing of the parties, etc.”