K. M. JOSEPH, B. V. NAGARATHNA, AHSANUDDIN AMANULLAH
Coal India Limited – Appellant
Versus
Competition Commission of India – Respondent
| Table of Content |
|---|
| 1. civil appeal against cci's findings on monopoly. (Para 1 , 2) |
| 2. arguments regarding applicability of competition act. (Para 5 , 6) |
| 3. appellants argue nationalization act protects them. (Para 7 , 8 , 9 , 10) |
| 4. potential conflicts between competition act and nationalization act. (Para 11 , 12 , 13 , 14) |
| 5. respondents argue competition act applies to state monopolies. (Para 15 , 16 , 17 , 18) |
| 6. constitutional basis of state monopolies and obligations. (Para 19 , 20 , 21 , 22) |
| 7. judicial review and alternative grievance mechanisms available. (Para 23 , 24) |
| 8. court's findings on the application of laws in the case. (Para 25 , 26 , 27) |
| 9. compatibility of various legal frameworks governing monopolies. (Para 28 , 29 , 30) |
| 10. conclusion on the effectiveness of existing laws. (Para 31 , 32 , 33) |
| 11. final observations on maintaining competitive integrity. (Para 34 , 35 , 36) |
JUDGMENT :
K.M. Joseph, J.
1. The Civil Appeal is directed against the Order passed by the Competition Appellate Tribunal, New Delhi (hereinafter referred to as ‘Tribunal’), by which Order, the Tribunal affirmed the findings and conclusion recorded by the Competition Commission of India (hereinafter referr
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