Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
Cartels
8.
Private enforcement
8.1
Are private enforcement actions against cartels available in your jurisdiction? If so, where can they be brought?
India

Answer ... In India, private enforcement actions against cartels are limited to compensation claims only. Such claims can be brought before the National Company Law Appellate Tribunal (NCLAT).

The following cases seeking compensation under Section 54N of the Competition Act are currently before the NCLAT:

  • Crown Theatre v Kerala Film Exhibitors Federation CA (AT) (Compt) No 01 of 2017;
  • Sai Wardha Power Ltd v Coal India Ltd Transfer CA (AT) (Compt) No 01 of 2017;
  • MCX Stock Exchange Ltd v National Stock Exchange of India Ltd Transfer CA (AT) (Compt) No 02 of 2017;
  • Sateyendra Singh v Ghaziabad Development Authority CA (AT) (Compt) No 01 of 2018;
  • Maharashtra State Power Generation Co Ltd v Nair Coal Services Ltd CA (AT) No 02 of 2018;
  • Food Corporation of India v Excel Crop Care Ltd Compensation Application (AT) No 01 of 2019; and
  • G Krishna Murthy v Karnataka Film Chamber of Commerce (KFCC) Compensation Application (AT) No 02 of 2019.

For more information about this answer please contact: Vivek Agarwal from DMD® ADVOCATES
8.2
Can private enforcement actions be brought against both companies and individuals?
India

Answer ... Private enforcement actions for compensation can be brought against companies alone and cannot be brought against individuals.

For more information about this answer please contact: Vivek Agarwal from DMD® ADVOCATES
8.3
Are class actions or other forms of collective action available in your jurisdiction?
India

Answer ... Yes, class actions in case of damages claims are available in India. According to Section 53N(4) of the Competition Act, where any loss or damage has been caused to numerous persons having the same interest, one or more of such persons may, with the permission of the NCLAT, make an application for the benefit of interested persons.

For more information about this answer please contact: Vivek Agarwal from DMD® ADVOCATES
8.4
What process do private enforcement actions follow?
India

Answer ... Anyone can make an application to the NCLAT for a compensation claim that may arise from the finding of the Competition Commission or the NCLAT that there has been a contravention of the Competition Act. Such an application should be accompanied by the findings of the commission and the prescribed fees.

The NCLAT may, after conducting an inquiry, pass an order for the recovery of compensation from any enterprise for any loss or damage suffered by the applicant as a result of the contravention of the act by the enterprise.

For more information about this answer please contact: Vivek Agarwal from DMD® ADVOCATES
8.5
What types of relief may be sought and what types of relief are most commonly awarded? How is the relief awarded determined?
India

Answer ... Private enforcement is limited to compensation claims in India. Based on publicly available information, the NCLAT has not yet granted compensation in any case.

The eligibility and quantum of compensation is determined by the NCLAT based on an inquiry into the allegations made in the compensation application. The NCLAT may also obtain the recommendations of the commission before passing an order of compensation.

For more information about this answer please contact: Vivek Agarwal from DMD® ADVOCATES
8.6
Can the decision in a private enforcement action be appealed? If so, to which reviewing authority?
India

Answer ... Yes, the NCLAT order disposing a compensation application may be appealed. Any person aggrieved by any decision or order of the NCLAT can appeal to the Supreme Court within 60 days of the date of communication of the decision or order of the NCLAT.

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