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KAUSHIK GOSWAMI
Star Cement Ltd. (Formerly Known as Cement Manufacturing Co Ltd) – Appellant
Versus
Competition Commission of India – Respondent
| Table of Content |
|---|
| 1. the requirement for a prima facie case prior to a cci investigation. (Para 1) |
| 2. petitioner's challenge against cci orders (Para 2 , 3 , 4 , 6 , 7) |
| 3. details of the allegations against the petitioner (Para 8 , 10 , 12) |
| 4. petitioner's arguments regarding cci's jurisdiction (Para 18 , 20 , 21 , 22) |
| 5. judicial precedents affect the application of section 26. (Para 26 , 79) |
| 6. judicial review of cci's administrative decisions (Para 48 , 52 , 53) |
| 7. jurisdictional and review powers of cci in the context of competition law. (Para 56) |
| 8. quashing of cci's orders due to lack of jurisdiction (Para 76 , 78 , 80) |
JUDGMENT :
Kaushik Goswami, J.
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 Ind
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