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