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Significant Judgement in a cartel case by Madras High Court

In a cartel case, AnantLaw successfully argued the lack of ‘cause of action’ within the territorial jurisdiction of the Madras High Court and entertainability of a writ petition on the basis of comity of court-doctrine.

Construction worker and building depicting Builders Association of India Cement Cartel Case

In a significant judgment, Madras High Court dismissed the writ petitions (under Article 226 of the Constitution of India) filed by Dalmia Cement and India Cements challenging the order of the Competition Commission of India which impleaded Builders Association of India (BAI) as a party in a cement cartel matter. It was successfully argued that the impleadment of BAI cannot be challenged before the Madras High Court as the said impleadment was pursuant to Delhi High Court's order and also that the same issue has been heard by the Delhi High Court (in a writ petition filed by another cement company) and the judgment has been reserved. Madras High Court declined to entertain the writ petitions challenging the order of the CCI on the ground of territorial jurisdiction, forum convenience and comity of courts.

This is the first case under competition law - which settles the jurisprudence with respect to entertainability of writ petitions by High Courts on the same/ similar issues and also avoid multiple ligations across different High Courts in cartel matters.

Client: Builders Association of India
Dalmia Cement (Bharat) Ltd. v. Competition Commission of India & Ors.
India Cements Ltd. v Competition Commission of India & Ors.

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