Photo of Ruchi Verma

Associate in the Competition Practice at the Mumbai office of Cyril Amarchand Mangaldas. Ruchi advises on a full range of competition matters, including merger control and abuse of dominance. She can be reached at ruchi.verma@cyrilshroff.com

Mahindra Judgment re Appointment of Judicial Member

In a recent judgement, the Hon’ble High Court of Delhi (Delhi HC) clarified that the absence of a judicial member did not preclude the Competition Commission of India (CCI) from performing its adjudicatory function until such time the judicial member was appointed by the Central Government.

On 17 July 2018, the Delhi HC passed this judgement in respect of a writ petition filed before it by Cadd Systems and Services Private Limited (Petitioner). The petition challenged two orders of the CCI for contravention of the law laid down by a division bench of Delhi HC in Mahindra & Mahindra Ltd. & Ors. v. Competition Commission of India & Anr. (W.P. (C) 11467/2018 & connected matters) (Mahindra Judgment).
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The Competition Commission of India (CCI), in its order dated 11 July 2018[1], has awarded a 100 per cent reduction in penalty to leniency applicants Globecast India Private Limited (GI) and Globecast Asia Private Limited (GA) (collectively referred to as Globecast), along with their respective responsible office-bearers. It has also awarded a 30 per cent reduction to Essel Shyam Communication Limited (now Planetcast Media Services Limited) (ESCL) along with their responsible officer bearers, in a cartel case in the broadcasting services industry.

This is the latest and the fourth such order of the CCI granting reduction of penalty to applicant(s) under Section 46 of the Competition Act, 2002 (Act) and the Competition Commission of India (Lesser Penalty) Regulations, 2009 (Leniency Regulations).


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