Indian competition law roundup: April & May 2019
June 1, 2019
Constitutionality of the Competition Act
As discussed in our earlier briefing, a Division Bench of the High Court of Delhi ruled on the constitutionality of the Competition Act, 2002 (Competition Act). The Court held that Section 22(3) of the Competition Act, in giving the Chairman of the Competition Commission of India (CCI) a casting vote in the event of an equality of votes, was “anathema to and destroys the Rule of Law” and was therefore unconstitutional. The Court also issued directions requiring the CCI to frame guidelines to ensure that the composition of the bench hearing a matter did not change and that a judicial member was present during final hearings.