The High Court of Delhi rejects a company’s appeal and clarifies a number of procedural issues including the period when the recall application can be filed (Cadila Healthcare)

Delhi High Court Division Bench clears procedural and jurisdictional issues in antitrust enquiry by the CCI* In a landmark judgement dated September 12, 2018, on a LPA filed by Cadila Healthcare Limited (“Cadila”), the division bench of the Delhi High Court, comprising of Justice S. Ravindra Bhatt and Justice A K Chawla, has cleared some important procedural ambiguities surrounding the inquiry by the CCI under the Act. Cadila had initially filed a writ petition under Article-226 of the Constitution of India before Delhi High Court alleging that DG’s findings against Cadila was a nullity without a separate order under Section-26(1) of the Act finding a prima facie case against Cadila and that since DG had proceeded with the investigation against Cadila without being authorized by CCI

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  • Vaish Associates, Advocates (New Delhi)

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Man Mohan Sharma, The High Court of Delhi rejects a company’s appeal and clarifies a number of procedural issues including the period when the recall application can be filed (Cadila Healthcare), 12 September 2018, e-Competitions Bulletin September 2018, Art. N° 89585

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