India: COMPAT To Hear And Decide Appeals Only Against Order Passed By The Commission Under Section 53A (1) (A)

COMPAT by its order dated July 4, 2016 upheld order passed by the Competition Commission of India ("CCI/the Commission") wherein it refused to entertain an appeal challenging the order passed by the Director General (DG) to treat certain documents submitted by TPM Consultants Pvt. Ltd (Appellant) confidential for all times under Regulation 35(8) of the CCI (General) Regulations, 2009.

During an investigation ordered by the Commission in relation to the alleged cartelization of price by the domestic tyre manufacturing companies, the DG sent notice to the appellant under Section 41 of the Act, requiring it to furnish some information/ documents. In compliance, the appellant filed documents and requested them to be treated as confidential in terms of Regulation 35 of the Regulations. DG disposing the request took cognizance of Regulation 35(3) and 35(9) of the Regulations and granted confidentiality of documents till the completion of proceedings before the Commission. Hence, the Appellant requested the Commission to grant confidentiality to the aforesaid information/documents for all times to come.

The Commission found DG's observations just and reasonable and thus refused to grant confidentiality to documents for all times.

Thereafter, an appeal was filed in COMPAT challenging the order passed by the CCI. It was observed by COMPAT that the Tribunal has the jurisdiction to hear and decide appeals only against orders passed by the Commission under Section 53A(1)(a) and Regulation 35(8) or (10) do not find mention therein. In reply, appellant submitted that the impugned order should be treated as one made under Section 26.COMPAT considering all the material and facts of the case, and the laws laid down by the Supreme Court held that the appeal was not maintainable under Section 53A. COMPAT further ordered that the period of treatment of confidentiality shall be till completion of the proceedings before the CCI.

(Source: Order dated July 4, 2016. For full text see COMPAT website-www.compat.nic.in)

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