VIGNESH KUMAR - Qualified Company Secretary

T he enforcement of competition law in India, in a fair, balanced, and optimal manner is a complex task given the diverse economic and legal considerations involved. The jurisprudence on competition in India vide the enactment of Competition Act, 2002 and the establishment of Competition Commission of India (‘CCI’) has evolved the landscape of enforcement and regulation of competition in India. Introduction: The origins of the Competition Act, 2002 (‘the Act’), being an economic jurisprudence can be traced back and found in the ancient Indian texts, mainly in the Manusmriti and Arthashastra, which not only portray the rich state of trade and commerce, but also provide insights on the prevalent laws to deal with and negate foul play in the market. The unfolding of Monopolies and Restrictive Trade Practices Act, 1969 (‘MRTP Act’) into the Competition Act, 2002 transpired with the principal object to promote, foster or sustain competition in India. However, based on principle, there was n...

  INTRODUCTION : The Supreme Court of India ( “SC” ) vide its order dated 16 th March 2021 (in Neena Aneja and others (Appellants) v. Jai Prakash Associates Ltd. (Respondents) ) created a significant precedent to embrace that enforcement of the Consumer Protection Act, 2019 (hereinafter “the Act of 2019” ) does not warrant the abrogation and transfer of pending consumer complaints from adjudicatory forums established under the Consumer Protection Act, 1986 (hereinafter “the Act of 1986”) to the corresponding adjudicatory forums under the Act of 2019. The SC bench of Hon’ble Justices DY Chandrachud and MR Shah were hearing an appeal filed by the appellants aggrieved by an order of the National Consumer Disputes Redressal Commission (hereinafter “NCDRC” ) dismissing their complaint on the ground that institution of proceedings should continue in appropriate forum established under the Act of 2019 since the Act of 1986 stood repealed as on the date of hearing of complaint and the A...