Answer ... Yes, appeals against decisions of the Competition Commission of India (CCI) are brought in the first instance to the National Company Law Appellate Tribunal (NCLAT). NCLAT’s decision may then be appealed to the Supreme Court of India. However, an order of the CCI to initiate an investigation cannot be appealed.

NCLAT may examine the facts, the law, and the quantum of penalty in reviewing the decision of the CCI.

An appeal will not automatically stay the obligation to pay the penalty unless specifically directed. Generally, the parties will seek a stay of the CCI’s order, which may be granted by NCLAT based on the balance of convenience.

Answer ... Yes, but only if the third party can establish that it is aggrieved by the CCI’s decision.