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Appellate Mechanism

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Appellate Mechanism



Competition Appellate Tribunal (CAT):

To make any appeal against the CCI orders, you must approach the Competition Appellate Tribunal.

Composition:

This tribunal comprises of a maximum of two members appointed by the Central Government headed by a Chairperson.

Functions:

  • This tribunal is for addressing the appeals brought forward by either the state or Central Government or any local authority or any individual or any enterprise that has been aggrieved due to some decision undertaken by the CCI. When such an order has been passed against their interests, they need to make an appeal before 60 days are over.
  • The Competition Appellate Tribunal on its part must hasten the appeals procedure so that it does not extend beyond six months. The tribunal is not bound by the 1908 Code of Civil Procedure. Instead, it adheres to natural justice principles and Central Government-imposed rules. It will however enjoy powers similar to that of a civil court.
  • Compensation claims
  • The CAT will have to listen to compensation claims concerning any loss or damage which arises out of CCI results concerning anti-competitive practices.

  • Executes orders in manner similar to execution of decrees by a court.

When any CAT order has been violated for no apparent reason, the offender must pay a fine not more than 1 crore; else serve prison term of a maximum of 3 years or both.

Alternatively, any individual or enterprise or state or Central Government who has been affected by a decision by the CAT can appeal to the Supreme Court within 60 days from the date on which he received the order.

From September 1st, 2009, all investigations that have been pending under the DG relating to monopolistic or restrictive trade practices were transferred to the CCI. This entity will then address this investigation in any manner that it feels appropriate. Unfair trade practices were transferred to the National Commission as provided by the 1986 Consumer Protection Act.

Related Topics:

  • Competition Law in India

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