The Delhi High Court is seized of another interesting issue – whether the Competition Commission of India (CCI) can upload it orders directing investigation on its website..The question has emerged in a petition filed by Great Eastern Energy Corporation Ltd (GEECL) challenging the CCI’s order of December 29 directing investigation against it for abuse of its dominant position, reports Mint. The matter is being heard by a Division Bench comprising Chief Justice G Rohini and Justice Rajiv Sahai Endlaw..The case also involves a larger issue of Constitutionality of Section 26(1) of the Competition Act, 2002 (Act) which has been assailed on the ground that it is arbitrary and empowers the CCI with “unguided powers” to order an investigation for violation of the Act..Senior Advocate P Chidambaram appeared for GEECL while Additional Solicitor General (ASG) Sanjay Jain represented the CCI..Chidamabaram submitted that the publication of such an order on the website of CCI will amount to breach of confidentiality. He further argued that as a result of the publication of such an order, investors and bankers were rattled and had sought clarifications about the investigation thereby impacting the business and repute of the company..ASG Jain, however, argued that such orders are uploaded on the website to ensure transparency..The Bench, after hearing the parties, observed that there seemed to be, prima facie, a breach of confidentiality. It then adjourned the matter to February 27 for final hearing.
The Delhi High Court is seized of another interesting issue – whether the Competition Commission of India (CCI) can upload it orders directing investigation on its website..The question has emerged in a petition filed by Great Eastern Energy Corporation Ltd (GEECL) challenging the CCI’s order of December 29 directing investigation against it for abuse of its dominant position, reports Mint. The matter is being heard by a Division Bench comprising Chief Justice G Rohini and Justice Rajiv Sahai Endlaw..The case also involves a larger issue of Constitutionality of Section 26(1) of the Competition Act, 2002 (Act) which has been assailed on the ground that it is arbitrary and empowers the CCI with “unguided powers” to order an investigation for violation of the Act..Senior Advocate P Chidambaram appeared for GEECL while Additional Solicitor General (ASG) Sanjay Jain represented the CCI..Chidamabaram submitted that the publication of such an order on the website of CCI will amount to breach of confidentiality. He further argued that as a result of the publication of such an order, investors and bankers were rattled and had sought clarifications about the investigation thereby impacting the business and repute of the company..ASG Jain, however, argued that such orders are uploaded on the website to ensure transparency..The Bench, after hearing the parties, observed that there seemed to be, prima facie, a breach of confidentiality. It then adjourned the matter to February 27 for final hearing.
