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Lecture 35

The document discusses the establishment and functions of the Competition Appellate Tribunal (COMPAT) under the Competition Act, 2002, following the 2007 amendment. It outlines the tribunal's authority to hear appeals against decisions made by the Competition Commission of India (CCI) and the process for filing such appeals. Additionally, it includes exercises related to the content covered in the lecture.

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3 views

Lecture 35

The document discusses the establishment and functions of the Competition Appellate Tribunal (COMPAT) under the Competition Act, 2002, following the 2007 amendment. It outlines the tribunal's authority to hear appeals against decisions made by the Competition Commission of India (CCI) and the process for filing such appeals. Additionally, it includes exercises related to the content covered in the lecture.

Uploaded by

saakshirawat0897
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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FACULTY OF JURIDICAL SCIENCES

COURSE: B.A.LL.B. IX th Semester


SUBJECT: COMPETITION LAW
SUBJECT CODE: BAL 901
Name of Faculty: Dr. Aijaj Ahmed Raj
LECTURE 35
TOPIC: COMPETITION APPELLATE TRIBUNAL
Competition Appellate Tribunal

The Competition Act, 2002 did not provide for Competition Appellate Tribunal
(COMPAT). After the decision of the case Brahm Dutt v. Union of India, made the CCI a
market regulator, the Competition (Amendment) Act, 2007 was brought which provided
for the establishment of COMPAT. Having, it was necessary to establish a separate
body to perform adjudicatory functions under the Competition Act, 2002, and the 2007
amendment introduced by a new chapter, Chapter VIIIA. Chapter VIIIA provided for the
establishment of the COMPAT, its functions, powers, composition, selection, and
related matters, through Sections 53A to 53U.

Establishment of Appellate Tribunal:

53A. (1) The Central Government shall, by notification, establish an Appellate Tribunal
to be known as Competition Appellate Tribunal –

(a) to hear and dispose of appeals against any direction issued or decision made or
order passed by the Commission under sub-sections (2) and (6) of section 26, section
27, section 28, section 31, section 32, section 33, section 38, section 39, section 43,
section 43A, section 44, section 45 or section 46 of the Act;

(b) to adjudicate on claim for compensation that may arise from the findings of the
Commission or the orders of the Appellate Tribunal in an appeal against any finding of
the Commission or under section 42A or under subsection

(2) of section 53Q of this Act, and pass orders for the recovery of compensation under
section 53N of this Act.
(2) The Headquarter of the Appellate Tribunal shall be at such place as the Central
Government may, by notification, specify.

Appeals against the Orders of the Competition Commission India

The Competition Act, 2002 provided for filing appeals against the orders of the CCI,
under Sections 53A to 53U. The Finance Act, 2017, has amended Sections 53C to 53L
of the Competition Act, 2002. An appeal may be made by the Central Government or
the state government or a local authority or an enterprise or any person, aggrieved by
any direction, decision or order referred to above and also in respect of a claim for
adjudication of compensation within 60 days. The compensation can be claimed under
Section 42A or 52Q(2) of the Competition Act. The other party will be given the
opportunity of hearing and then the order will be passed. Both the CCI and the parties to
appeal will be given copies of the order.

Appeal to Appellate Tribunal

53B. (1) The Central Government or the State Government or a local authority or
enterprise or any person, aggrieved by any direction, decision or order referred to in
clause (a) of section 53A may prefer an appeal to the Appellate Tribunal.

(2) Every appeal under sub-section (1) shall be filed within a period of sixty days from
the date on which a copy of the direction or decision or order made by the Commission
is received by the Central Government or the State Government or a local authority or
enterprise or any person referred to in that sub-section and it shall be in such form and
be accompanied by such fee as may be prescribed:

Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said
period of sixty days if it is satisfied that there was sufficient cause for not filing it within
that period.

(3) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after
giving the parties to the appeal, an opportunity of being heard, pass such orders
thereon as it thinks fit, confirming, modifying or setting aside the direction, decision or
order appealed against.

(4) The Appellate Tribunal shall send a copy of every order made by it to the
Commission and the parties to the appeal.

(5) The appeal filed before the Appellate Tribunal under sub-section (1) shall be dealt
with by it as expeditiously as possible and endeavour shall be made by it to dispose of
the appeal within six months from the date of receipt of the appeal.

Exercise:

1. Central Government replaced __________ with the National Company Law


Appellate Tribunal in 2017

a) CCI
b) COMPAT
c) CLB
d) None of these

2. Appellate Tribunal is established under which section of competition Act, 2002

a) Section 50
b) Section 51
c) Section 53A
d) Section 53B

3. In case of removal of Chairperson of CCI on the ground of "prejudice as to


financial interest", it is mandatory that such matters have to be referred to

a) Central Government
b) Appellate Tribunal
c) Delhi High Court
d) Supreme Court
4. Which chapter of Competition Act, 2002 provides for Competition Appellate
Tribunal?

a) VI
b) VII
c) V
d) VIIIA

5. Which section of Competition Act provides for establishment of competition


Appellate Tribunal

a) 53
b) 53A
c) 53B
d) 54

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