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Before proceeding on merits of the case, Competition Commission of India directed to decide the issue of jurisdiction first


Buildings in India depicting AnantLaw case on Competition Law - Cartels

AnantLaw successfully represented Delhi Development Authority (DDA) before the Delhi High Court in a writ petition challenging Competition Commission of India's (CCI) order refusing to decide the issue of jurisdiction before hearing the parties on merit. CCI's commenced an investigation for abuse of dominance against DDA in the relevant market for 'sale of residential flats in Delhi'. DDA's housing scheme was issued in accordance with the provisions of Delhi Development Act, 1957 (DD Act) and regulations thereunder and therefore, DDA raised the issue regarding CCI's jurisdiction to examine/ investigate the DD Act or regulations framed under it. Delhi High Court agreed with DDA's submissions that CCI cannot assume jurisdiction on its own and if an application challenging its jurisdiction is filed, it is required to decide the said application raising issue of jurisdiction, first; before proceeding on merits.

 
Client: Delhi Development Authority
Delhi Development Authority v. Competition Commission of India

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