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DELHI HIGH COURT
YASHWANT VARMA
Facebook India Online Services Private Limited – Appellant
Versus
Competition Commission of India – Respondent
| Table of Content |
|---|
| 1. court reviews cci's order clubbing investigations. (Para 1 , 2) |
| 2. overview of past related litigation involving whatsapp inc. (Para 3 , 4 , 5) |
| 3. cci's rationale for investigation into whatsapp's data policies. (Para 6 , 7 , 8) |
| 4. petitioner's challenge based on lack of prima facie case. (Para 9 , 10 , 11) |
| 5. commission's opinion needs minimal reasoning for investigation. (Para 12 , 15) |
| 6. commission can act based on subject matter over specific parties. (Para 13 , 14) |
| 7. (Para 16 , 19) |
| 8. petitioner's role related to data sharing requires scrutiny. (Para 17 , 18 , 20 , 21) |
| 9. writ petition dismissed; no merit found. (Para 22 , 23) |
JUDGMENT
Yashwant Varma, J. (Oral)--The petitioner has approached this Court assailing the order dated 12 October 2021 passed by the Competition Commission of India1 in exercise of powers conferred by Section 26 of the Competition Act, 20022 . That order which directs the Director General to commence an investigation has essentially clubbed the information which had been received by the Commission along with Suo Motu Case No. 01/20213 .
2. The Commission while considering the information which had been received by it, has in Para 2 of the
The Commission's directive for investigation under Section 26(1) is administrative, requiring no detailed reasons and justifying clubbing of related matters if substantial similarity exists.
The CCI's order at the Section 26(1) stage is a preparatory measure and does not require elaborate reasons for clubbing information. The scope of the investigation covers all aspects arising from the....
The court emphasized that the order passed under Section 26(1) of the Act is purely administrative in nature and does not entail any consequence on the civil rights of the petitioner(s). It also high....
An error in the decision or determination itself may also be amenable to a writ of certiorari but it must be a manifest error apparent on the face of the proceedings, e.g. when it is based on clear i....
Privacy policy imposing mandatory data sharing by dominant messaging app violates competition law via unfair conditions and market denial; remedies upheld except advertising ban; penalty on group jus....
An order under Section 26(1) of the Competition Act is administrative, only initiating an investigation without affecting parties' rights.
Section 19(1) of the Act would show that the Act originally provided for the “receipt of a complaint” from any person, consumer or their association, or trade association.
The court established that a prima facie case of cartelisation can be inferred from parallel pricing among a limited number of suppliers, and that the CCI has the authority to initiate investigations....
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