India: Supreme Court on competition law - Decisions that shaped the decade

The evolution and journey of competition law jurisprudence in India has been extremely dynamic and exciting. The Competition Act, 2002 was implemented in a phased manner and the Hon’ble Supreme Court of India over the last decade has laid down landmark judgements across a wide spectrum of competition law issues in India, such as cartels, abuse of dominance and merger control. This article covers the various procedural and substantive issues faced by enterprises and persons, and the approach adopted by the Supreme Court in evaluating competition law matters in India. This article aims to provide an overview of the key jurisprudential trends based on the ten decisions passed by the Supreme Court (to date).

I. Introduction 1. The Hon’ble Supreme Court of India (“Supreme Court”) by way of its decisional practice, has significantly developed and contributed to the competition law jurisprudence in India. It is the final authority for appeals under the Competition Act, 2002 (“Act”). Over the last decade, the Supreme Court has decided ten cases expounding the law in relation to cartels, abuse of dominance, merger control, jurisdictional limits and procedural issues in India. The very first decision passed by the Supreme Court, almost a decade ago, was in Competition Commission of India v. Steel Authority of India Limited [1] in September 2010, clarifying the position of law on the scope and nature of powers under the Act. The Supreme Court held that no appeal can be filed against a prima facie

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Soumya Hariharan, Sakshi Agarwal, Akrathi Shetty, India: Supreme Court on competition law - Decisions that shaped the decade, November 2020, Concurrences N° 4-2020, Art. N° 96916,

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