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KAUSHIK GOSWAMI
STAR CEMENT LTD. – Appellant
Versus
COMPETITION COMMISSION OF INDIA – Respondent
| Table of Content |
|---|
| 1. petitioner challenges cci's ruling regarding anti-competitive practices. (Para 1 , 2 , 3) |
| 2. petitioner's argument against cci's lack of jurisdiction. (Para 18 , 19) |
| 3. importance of establishing a prima facie case in competition law. (Para 25 , 26 , 72) |
| 4. review and need for valid jurisdiction in legal orders. (Para 47 , 48 , 66) |
| 5. court's final order quashing previous cci directives. (Para 77 , 80) |
JUDGMENT :
KAUSHIK GOSWAMI, J.
1. Heard Dr. A Saraf, learned Senior Counsel assisted by Mr. P. Das learned counsel appearing for the petitioner. Also heard Mr. T.J. Mahanta, learned Sr. Counsel assisted by Mr. D. Das, learned counsel for respondent Nos. 1, 4 and 5 (the Competition Commission of India) and Mr. D Nath, learned Sr. Government Advocate for the State respondents.
2. In WP (C) 6343 of 2018, the petitioner company is seeking inter alia quashing of the proceedings of Case No. 77 of 2016 with Reference Case No. 4/2016 registered with the Competition Commission of India (herein after referred to as the CCI) and the impugned Order dated 06.12.2016 passed by the CCI under Section 26(1) of the COMPETITION ACT , 2002 (herein after referred to as the said Act, 2002) and
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