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Challenge to the constitutional validity/ vires of Section 48 of the Competition Act


Industrial cooling towers depicting Tranter India Private Limited case to challenge constitutional validity of Section 48 of the Competition Act

Tranter India Private Limited has filed a writ petition before the Delhi High Court challenging constitutional validity/ vires of Section 48 of the Competition Act. CCI has been invoking Section 48 of the Competition Act to impose penalties on directors and officers of the company (which has violated the provisions of the Competition Act). Section 48 of the Competition Act has been interpreted differently by several courts/ tribunal. This is among the most litigated competition law issues in India; However, no one has ever challenged its constitutional validity (especially in a civil legislation). 


 
Client: Tranter India Pvt. Ltd
Tranter India Pvt Ltd & Ors. v. Union of India & Anr

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