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K. LAKSHMAN
GMR Hyderabad International Airport Limited – Appellant
Versus
Competition Commission of India – Respondent
ORDER :
1. The present writ petition is filed seeking a writ of mandamus to set aside the order dated 03.10.2019 passed by Respondent No.1 under Section 26(1) of the COMPETITION ACT , 2002 in Case No. 30 of 2019 and to set aside order dated 04.10.2019 passed by Respondent No.1 directing the parties to appear in Case No. 30 of 2019.
2. Heard Mr. S. Niranjan Reddy, learned senior counsel, appearing for Ms. Rubaina Khatoon, learned counsel for petitioners, Mr. K. Vivek Reddy, learned senior counsel, appearing for Ms. Neha Pandey, learned counsel for 1st respondent and Mr. D. Prakash Reddy, learned senior counsel, appearing for Mr. Sriram Polali, learned counsel for 2nd respondent.
Facts of the Case:-
3. Petitioner No.1 is a company exclusively involved in the maintenance, financing, development and operation of Rajiv Gandhi International Airport, Hyderabad (RGIA) by virtue of a concession agreement dated 20.12.2004 entered into between itself and the Government of India. Clause 3.2.2 of the said concession agreement granted exclusive rights to the 1st Petitioner to grant third party service providers rights to carry out activities and business to maintain and operate RGIA. Respondent N
An order under Section 26(1) of the Competition Act is administrative, only initiating an investigation without affecting parties' rights.
The Competition Commission of India must establish a prima facie case before ordering an investigation; failure to do so renders its orders void.
The judgment establishes that the CCI must have a principled prima facie basis to initiate an investigation under the Competition Act, failing which such directives lack jurisdiction and can be quash....
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.
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....
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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