The Competition Commission lacks review power post the repeal of Section 37, and procedural fairness must be followed in decisions impacting parties' rights.

JUDGMENT

GLOSSARY OF TERMS:

Prathiba M. Singh, J.

1. This judgment has been pronounced through video conferencing.

2. The present writ petition has been filed by Eaton Power Quality Pvt. Ltd. (hereinafter, "Eaton") challenging the impugned order dated 11th August, 2020, passed by Respondent No. 1/ Competition Commission of India (hereinafter `CCI').

Brief Facts

3. The genesis of the present dispute is the acquisition of the electrical and automation business (hereinafter, "E&A Business) of Larsen and Toubro Ltd. (hereinafter, L&T) by Respondent No.2 - Schneider Electric India Pvt. Ltd. (hereinafter, `Schneider'). This acquisition shall hereinafter be referred to as the "Combination".

4. A notice seeking approval of the Combination was filed before the CCI on 25th May 2018 by Schneider and MacRitchie Investments Private Limited, which were the acquirers in the proposed Combination. On this notice, considering the fact that Schneider and L&T were the topmost market shareholders in the E&A business, the CCI, came to a prima facie opinion that the said Combination was likely to have an Appreciable Adverse Effect on Competition (hereinafter, "AAEC") in the LV Switchgear business. Thereafter, CCI conducted its market investigation and proposed various modifications to the Combination, after taking into account the proposals of the parties to the Combination. It passed the Approval Order under Section 3 1 of the COMPETITION ACT , 2002 (hereinafter, "The Act"), encompassing the said modifications, as also the timelines thereto, on 18th April 2019 (hereinafter referred to as "Approval Order"). Upon the said approval, it also appointed a Monitoring Agency- Moore Singhi Advisors LLP (Respondent No. 3) (hereinafter, "MA"), as per Regulation 27 of the Competition Commission of India (Procedure in Regard to the transaction of Business relating to Combinations) Regulations, 2011 (hereinafter, "Combination Regulations") to monitor the implementation of the said modifications to the Combination, among other functions.

5. The present petition concerns the implementation of two of the said modifications or remedies that were proposed by the CCI in its Approval Order, being the remedy of `White Labelling', and the consequential `Non- exclusive technology transfer' licences which were to be given.

6. Pursuant to the Approval Order, invitation for Expression of Interest (hereinafter, "EOI") was published, upon which various entities filed their registrations on a particular portal, provided for availing of the remedies. The Petitioner- Eaton is one of these entities, however due to the non- submission of required supporting documentation, Eaton was ousted by Schneider from availing of the White Labelling remedy. Aggrieved by the same, Eaton filed an application before the CCI for its inclusion in the said process, qua which, the CCI, in its decision dated 7th January 2020, as communicated on 13th January, 2020, directed Schneider to include Eaton in the White Labelling process, and the MA to take appropriate measures to ensure that all the applicants including Eaton are treated at par in a fair and transparent manner.

7. Schneider being aggrieved by this decision of the CCI, both on the ground that it was not heard prior to the decision b