Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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Dispute concerns whether increased coal handling coordination and liaisoning charges imposed via three third-party entities constituted abuse of dominance by the port operator. The analysis treats the relevant product and geographic market as limited to the port operator alone, finding it dominant. Evidence from multiple users and the DG established the charges were mandatory during 201112 to 201415 and that the third parties were controlled in conduct by the same group, producing an appreciable adverse effect on competition. Consequently the impugned CCI order is set aside and the matter remanded to the CCI for fresh adjudication with opportunity to be heard.
Dispute concerns whether increased coal handling coordination and liaisoning charges imposed via three third-party entities constituted abuse of dominance by the port operator. The analysis treats the relevant product and geographic market as limited to the port operator alone, finding it dominant. Evidence from multiple users and the DG established the charges were mandatory during 201112 to 201415 and that the third parties were controlled in conduct by the same group, producing an appreciable adverse effect on competition. Consequently the impugned CCI order is set aside and the matter remanded to the CCI for fresh adjudication with opportunity to be heard.
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