We recently represented a Company in a dispute arising from a cartelization investigation concerning ethanol producers.
Madras High Court dismissed the appeal filed by the Dalmia Cements (Bharat) Pvt Ltd and thereby permitted the Builders Association of India to be impleaded as “Informat / Proper Party” in the suo moto proceedings in Case no 2/2019 before Competition Commission of India, while observing that the contention of the Dalmia Cements (Bharat) Pvt Ltd in respect of access to the inspection of documents would be futile. The same was challenged before the Hon’ble Supreme Court stating that High Court, while passing the Impugned Order erred in not appreciating the law settled by the Hon’ble Supreme Court to the extent that the principles of impleading necessary and proper party flows from the provisions under Order I Rule 10 of Code of Civil Procedure. Competition Commission of India was bound by the principles of Natural Justice and therefore joinder of BAI in the sou moto proceedings could not have been allowed without giving prior Notice to the Dalmia Cements
The Impugned Order passed by the Competition Commission directed Google to, inter alia, make changes to MADA and AFA agreements, which if implemented, will deprive small OEMs like Micromax of the benefits that they are currently receiving. It does so without giving due consideration to the views of stakeholders like Micromax and Jaina. Pertinently, under Section 53A(a) of the Competition Act, the parties can prefer an appeal before the Hon’ble Tribunal. Micromax and Jaina India filed an appeal against the order passed by Competition Commission.
