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        Case ID :
        Law of Competition

        The HC dismissed the petition seeking setting aside of an order...

        Petition dismissed; Section 26(1) prima facie opinion and DG probe valid; Section 26(2-A) prevents duplicate proceedings but not jurisdictional bar

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                The HC dismissed the petition seeking setting aside of an order of Respondent No.1 (CCI) and a direction to re-examine information, holding that the impugned order under Section 26(1) of the Competition Act lawfully recorded a prima facie opinion and directed the DG to investigate. The court held Section 26(2-A) (inserted 2023) aims solely at avoiding duplicate proceedings and does not impose a jurisdictional bar on CCI entertaining distinct or new complaints; CCI need only consider Section 26(2-A) when deciding to close a matter under Section 26(2) or 26(2-A). No entitlement to a hearing attaches at the prima facie stage; thus no infirmity was found and the petition was dismissed.
                                Note: It is a system-generated summary and is for quick reference only.
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