The Indian Competition Authority extends its office closure and suspension of hearing all non-urgent cases in line with the Government’s response to the COVID-19 outbreak

On 17 March, the CCI decided to adjourn all but urgent matters listed for hearing until 31 March 2020. [1] A week later, on 23 March, it suspended: (a) all filings in relation to Sections 3 and 4 of the Competition Act (anti-competitive agreements and abuse of dominant position); (b) all notifications in relation to combinations (merger control); (c) all other filings, submissions and proceedings under the Competition Act and associated regulations; and (d) pre-filing consultations (merger control). [2]

On 30 March, the CCI announced that its office would remain closed until 14 April, the last day of the nation-wide lockdown which came into effect on 25 March. [3] It also updated its 23 March notice: (a) all matters listed for hearing up to 14 April were adjourned and fresh dates would be announced in due course; (b) all filings and compliances due on or before 14 April in respect of pending Section 3 and 4 cases were suspended and fresh dates would be announced in due course; and (c) all other filings, submissions and proceedings under the Competition Act and associated regulations would remain suspended until 14 April.

However, the CCI announced measures for the electronic filing of combinations under the Green Channel (including providing certain procedural modalities for such filings) and stated that it would endeavour to process combination notices that had been filed prior to 20 March. CCI case teams are working from home on these existing merger cases and are responding, as far as possible, to e-mails and telephone calls.

The National Company Law Appellate Tribunal (NCLAT), various High Courts across the country and the Supreme Court are also not conducting regular sittings. Several courts, including the NCLAT, have ordered that these days will be excluded from limitation periods for filing appeals, etc. The NCLAT has directed that any interim relief already granted will continue until further orders.

Footnotes

[1CCI Circular, 17 March 2020.

[2CCI, Measures in view of threat of CORONAVIRUS/COVID-19 pandemic, 23 March 2020.

[3CCI, Measures in view of threat of CORONAVIRUS/COVID-19 pandemic, 30 March 2020.

Version PDF

Auteurs

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

Citation

Pallavi Shroff, John Handoll, Naval Satarawala Chopra, Shweta Shroff Chopra, Harman Singh Sandhu, Manika Brar, Aparna Mehra, Gauri Chhabra, Yaman Verma, Rohan Arora, The Indian Competition Authority extends its office closure and suspension of hearing all non-urgent cases in line with the Government’s response to the COVID-19 outbreak, 30 mars 2020, e-Competitions March 2020, Art. N° 94106

Visites 249

Tous les numéros

  • Latest News issue 
  • Tous les News issues
  • Latest Special issue 
  • Tous les Special issues