The Indian Competition Appellate Tribunal interprets strictly ’sufficient cause’ in an appellate framework for Competition matters to tackle forum shopping practices (MAJ. PANKAJ RAI / NITT)

The National Company Law Appellate Tribunal (NCLAT) in New Delhi, India’s appellate tribunal for competition matters has given a decisive ruling for appeals of orders of the Competition Commission of India (CCI). In Maj. Pankaj Rai v Secretary, Competition Commission of India [1] decided in May, 2020, the NCLAT has held that the Limitation Act, 1963 is not applicable to matters covered under The Competition Act, 2002 (hereafter referred as ‘Act’). Ruling against the Informant without going into the merits of the case, the court has given the reasoning that since the special statute already prescribes a limitation period under Section 53B of 60 days, the principles enshrined under this Act should be used to interpret the provision. Facts of the case Pankaj Rai (Informant) had raised

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

  • Gujarat National Law University (Gandhinagar)
  • Gujarat National Law University (Gandhinagar)

Quotation

Aanchal Pandey, Shubham Tiwary, The Indian Competition Appellate Tribunal interprets strictly ’sufficient cause’ in an appellate framework for Competition matters to tackle forum shopping practices (MAJ. PANKAJ RAI / NITT), 29 May 2020, e-Competitions July 2020, Art. N° 95605

Visites 42

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues