Indian competition body in struggle with appellate tribunal

Author: Karry Lai | Published: 7 Nov 2017

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...