Comparative Guides

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4. Results: Answers
Cartels
7.
Appeal
7.1
Can the defendant company appeal the enforcement authorities’ decision? If so, which decisions of the authority can be appealed (eg, all decisions or just the final decision) and to which reviewing authority? What is the standard of review applied by the reviewing authority (eg, limited to errors of law or a full review of all facts and evidence)?
India

Answer ... The general principle is that all orders which impinge upon the rights or liabilities of a person may be appealed. Accordingly, final orders of the Competition Commission, both contravention and non-contravention, may be appealed. However, a prima facie order directing a detailed investigation by the director general cannot be appealed.

Other orders of the commission which can be appealed include:

  • interim orders;
  • rectification orders;
  • orders relating to the recovery of penalties;
  • orders penalising non-compliance with directions, failure to furnish information, false statements or document tampering; and
  • orders on leniency applications.

Decisions may be appealed to the National Company Law Appellate Tribunal (NCLAT), on errors of both law and facts. An appeal to the NCLAT may be filed within 60 days of the date on which a copy of the commission’s order is received.

Orders of the NCLAT may be appealed before the Supreme Court on points of law within 60 days of the date of the NCLAT order.

For more information about this answer please contact: Vivek Agarwal from DMD® ADVOCATES
7.2
Can third parties appeal the enforcement authorities’ decision, and if so, in what circumstances?
India

Answer ... Any person (including any third party) that is ‘aggrieved’ by a decision of the Competition Commission can appeal it.

In Jitender Bhargava v Competition Commission of India (Appeal 44/2013), the Competition Appellate Tribunal observed that an appeal may be filed only if the appellant can show an actual injury (legal grievance) as a result of the commission’s decision.

For more information about this answer please contact: Vivek Agarwal from DMD® ADVOCATES
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Cartels