Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ss. 3 Alleging violation of s. 3 19 and 26 Application u/s. 26(2) Seeking initiation of inquiry 2002 Competition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Competition Act, 2002 (12 of 2003) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Competition Act, 2002:ss. 3, 19 and 26 – Application u/s. 26(2) – Seeking initiationof inquiry – Alleging violation of s. 3 – Competition Commission ofIndia (CCI) dismissed the case holding that no case of contraventionof provisions of s. 3 were made out – Appellate Tribunal held thatthe informant had no locus standi to move the CCI – Appeal toSupreme Court – Held: When CCI performs inquisitorial functions,the doors of approaching the CCI and the appellate authority mustbe kept wide open in public interest, so as to subserve the highpublic purpose of the Act – The provisions of the Act andCompetition Commission Regulations show that ‘Any person’ mayprovide information to CCI irrespective of whether such person ispersonally affected or not – Hence, the informant was competent tomove the CCI – However, no case of contravention of provision ins. 3 is made out – Competition Commission Regulations, 2009 –Regulations 10, 25 and 35.Words and Phrases:‘Person’ – Definition of – In the context of s. 2(l) ofCompetition Act, 2002. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2020 INSC 700 |
Petitioner | Samir Agrawal |
Respondent | Competition Commission Of India & Ors. |
SCR | [2020] 13 S.C.R. 1044 |
Judgement Date | 2020-12-15 |
Case Number | 3100 |
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