Jurisdictional challenges continue to plague the Competition
Commission of India (CCI) and the National Company Law
Appellate Tribunal (NCLAT) with the CCI’s
decisions regularly challenged by the latter.
Both organisations form part of the adjudicatory hierarchy
in India under the 2002 Competition Act. While the CCI assumes
original jurisdiction over certain cases, the NCLAT has both
appellate jurisdiction over its appeals since absorbing the
Competition Appellate Tribunal (Compat) in May 2017, and
original jurisdiction over company and insolvency law matters.
Officially, both authorities are independent in their
respective areas of operations.
But, unlike a typical judicial hierarchy, the CCI can sue
and be sued, and can be a party in a case before the NCLAT,
making its decisions easier to contest. Similarly, if there is
a further appeal from the NCLAT before the Supreme Court, the
CCI can be a party to the case.
"The fact that the CCI...