Explain Appellate Authorities under the Competition Act, 2002.
CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2024
Explain Appellate Authorities under the Competition Act, 2002.
Answer & Explanation:
The following are the appellate authorities under the Competition Act, 2002: 1. National Company Law Appellate Tribunal (NCLAT): The NCLAT is a quasi-judicial body established under the Companies Act, 2013, and also acts as the appellate tribunal for competition-related matters. The NCLAT hears appeals against orders passed by the Competition Commission of India (CCI) and orders of the Director-General (DG) of the CCI. The NCLAT has the power to confirm, modify, or set aside any order passed by the CCI or the DG. 2. High Courts: High Courts have jurisdiction to hear appeals against the orders of the CCI or the DG. Appeals to High Courts are filed under Article 226 of the Constitution of India, which allows for the judicial review of decisions taken by administrative bodies. The appellate authorities play a critical role in ensuring the effective implementation of the Competition Act, 2002, and providing a mechanism for parties to challenge orders passed by the CCI or the DG. These authorities help ensure that competition is promoted and sustained in the market, consumer interests are protected, and anti-competitive practices are prevented. 3. Supreme Court of India: The Supreme Court of India is the highest court of appeal in the country and has the power to hear appeals against the orders of the NCLAT. Appeals to the Supreme Court are usually filed in cases where the NCLAT has erred in law or where there is a substantial question of law to be decided.
Topics: Competition Law
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