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2016 Supreme(Del) 1584

VIBHU BAKHRU
TELEFONAKTIEBOLAGET LM ERICSSON (PUBL) – Appellant
Versus
COMPETITION COMMISSION OF INDIA – Respondent


Advocates Appeared:
For the Petitioner:Mr. T.R. Andhyarujina, Senior Advocate with Ms. Prathiba M. Singh, Senior Advocate with Mr. Chander M. Lall, Mr. Anand S. Patak, Mr. Ravishekhar Nair, Ms. Saya Choudhary Kapur, Mr. Ashutosh Kumar, Ms. Archana Sahadeva, Ms. Shivanghi Sukumar, Ms. Sakshi Agarwal, Mr. Akashay Nanda, Ms. Rukma George, Mr. Arjun Khera, Mr. B. Prashant Kumar, Mr. Aditya Jayraj, Mr. Sahib Singh Chaddha and Ms. Harita Sahadeva, Advocates.
For the Respondents:Mr. A.N. Haksar, Senior Advocate with Mr. Avinash Sharma, Advocate for R-1/CCI.
Mr. Salman Khurshid, Senior Advocate with Mr. J. Sai Deepak, Mr. Sunil Dalal, Mr. Rajiv K Chaudhary, Ms. Savni Dutt, Ms. Rachel Mamatha and Mr. Avijit Sharma, Advocates for R-2.
Mr. Aditya Narain, Amicus Curiae with Mr. Arnav Narain Mr. Shashank Bhushan, Ms. Anushree Narain and Ms. Anahita Varma, Advocates.

JUDGMENT :

VIBHU BAKHRU, J.

1. These petitions have been filed by Telefonaktiebolaget LM Ericsson (Publ), a company incorporated under the Laws of Sweden (hereafter also referred to as Ericsson), inter-alia, impugning orders dated 12 November, 2013 and 16 January, 2014 (hereafter referred to as the impugned order or impugned orders) passed by the Competition Commission of India (hereafter CCI) under Section 26 (1) of the Competition Act, 2002 (hereafter referred to as 'the Competition Act'). The impugned order dated 12 November, 2013 was passed pursuant to an information filed by Micromax Informatics Ltd. (hereafter Micromax) under Section 19 (1) (a) of the Competition Act and the same is the subject matter of W.P. (C) No. 464/2014 (hereafter also referred to as the Micromax Petition) and the impugned order dated 16 January, 2014 was passed pursuant to an information filed by Intex Technologies (India) Ltd. (hereafter Intex) and is the subject matter of W.P. (C) No. 1006 of 2014 (hereafter also referred to as the Intex Petition).

2. The controversy raised in these petitions are similar and, therefore, these petitions were taken up together.

3. Both Micromax and Intex have alleged t

















































































































































































































































































































































































































































































































































































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