The High Court of Delhi challenges constitutional validity of provisions of the Competition Act on a complaint by a car manufacturer accused of abusing its dominant position (Mahindra & Mahindra)

On 10 April 2019, a Division Bench of the High Court of Delhi pronounced its judgment in Mahindra & Mahindra v. Competition Commission of India [1], which challenged the constitutional validity of a number of provisions of the Competition Act, 2002 (Competition Act). In addition to holding the provision of a casting vote to the Chairperson of the Competition Commission of India (Commission) to be unconstitutional, the Division Bench issued directions to the Commission, which could have a significant bearing on previous decisions and the future functioning of the Commission. Background The genesis of these challenges was a complaint by Mr. Shamsher Kataria who alleged car manufacturers were abusing their dominant position in the provision of spare parts and after sales services.

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Authors

  • Shardul Amarchand Mangaldas (New Delhi)
  • Shardul Amarchand Mangaldas (New Delhi)

Quotation

Shweta Shroff Chopra, Rohan Arora, The High Court of Delhi challenges constitutional validity of provisions of the Competition Act on a complaint by a car manufacturer accused of abusing its dominant position (Mahindra & Mahindra), 10 April 2019, e-Competitions Bulletin April 2019, Art. N° 90211

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