Mehta, Pradeep S.; Dube, Cornelius --- "India" [2010] ELECD 771; in Foer, A. Albert; Cuneo, W. Jonathan (eds), "The International Handbook on Private Enforcement of Competition Law" (Edward Elgar Publishing, 2010)

Book Title: The International Handbook on Private Enforcement of Competition Law

Editor(s): Foer, A. Albert; Cuneo, W. Jonathan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848448773

Section: Chapter 31

Section Title: India

Author(s): Mehta, Pradeep S.; Dube, Cornelius

Number of pages: 7

Extract:

31 India
Pradeep S. Mehta1 and Cornelius Dube2


Introduction
The Indian case with respect to private antitrust enforcement offers a unique example,
given that private enforcement has to be administered by the same institutions tasked with
public enforcement of competition law. The Monopolies and Restrictive Trade Practices
Commission (MRTP Commission), established by the Monopolies and Restrictive
Trade Practices Act, 1969 (MRTP Act), was the sole body responsible for the enforce-
ment of competition law in India until 20 May, 2009, when the Competition Commission
of India (CCI), established by the Competition Act, 2002 (Competition Act), became
effective. The Competition Appellate Tribunal (CAT), which is also provided for under
the Competition Act, was inaugurated on 19 October 2009. The CAT is established to
hear appeals against orders of the CCI and to preside over compensation claims relat-
ing to violations of the Competition Act. In terms of the Competition Act, the MRTP
Commission was expected to continue to prevail for two years after the Competition Act
took effect to handle pending cases, although not entertaining any new cases.3
However, in a surprising turn of events, the MRTP Commission came to a premature
demise on October 14, 2009 when the President of India promulgated the Competition
(Amendment) Ordinance, 2009 amending section 66 of the Competition Act. In terms of
the Ordinance, from October 14 all monopolistic or restrictive trade practices pending
before the MRTP Commission would be transferred to the CAT. However, the MRTP
Act will still be in force, given ...