Chronicling the Tribunals: The Competition Appellate Tribunal [COMPAT]

The Competition Appellate Tribunal finds its roots in the Competition Act 2002 which provides for appeals against orders passed by the Competition Commission of India..Established in the year 2009, the COMPAT saw Dr. Justice Arijit Pasayat, former judge of Supreme Court as its first Chairperson..Where?.The COMPAT is located at the far end of UPSC building which is the primary landmark to identify Shahjahan Road. Flanked by the UPSC Building on one side and the mighty Taj hotel on the other side, the tribunal sits pretty in the heart of Delhi..There is sufficient space at the entrance of the building for parking cars but on busy days, one can see a stream of vehicles parked on the road leading up to the COMPAT. While the entrance is reminiscent of any other government office, the inner design of the COMPAT are a sight to behold..With neatly manicured lawns and gardens surrounding the singular courtroom, the tribunal serves as a reminder to the colonial-style architecture that dominates most of Lutyens’ Delhi..What.Under the statute, COMPAT has the jurisdiction to hear a specific category of appeals against the orders of its parent body. It derives its appellate powers from Chapter VIIIA of the Competition Act, with Section 53A talking about the establishment of COMPAT..The categories from which appeals are maintainable include:.Orders passed by the Commission after conducting inquiry into agreements of abuse of dominant position.Orders of the Commission after conducting inquiry into agreements concluded abroad, that may constitute abuse of dominant position in the Indian market.Imposition of penalty by the CCI.Claims for compensation from the orders of CCI.An appeal has to be filed within a period of 60 days from the date on which the decision has been recieved from the CCI. Orders of the COMPAT are further appealable before the Supreme Court, again within a period of 60 days calculated from the date on which the decision is received from the tribunal..Yet another unique feature of the tribunal is that it exercises powers as exercised by any High Court to punish for its contempt. This power is enshrined under Section 53U..Approaching the COMPAT.The COMPAT regulates its own administration and functioning, through the Competition Appellate Tribunal (Procedure) Regulations, 2011. Another important set of rules are the the Competition Appellate Tribunal (Form and fee for filing an appeal and fee for filing compensation applications) Rules, 2009..Rule 3, 4 & 5 of the Tribunal Rules deal with the process of filing an appeal..Although on paper it seems like a simple mechanism, practicing lawyers say that due to the Registry’s frequent mishaps the process can get complicated..How?.The statutory composition of COMPAT under Section 53C mandates that tribunal shall consist of a Chairperson and not more than two other members whose appointments will be made by the Central Government..Presently, the tribunal’s quorum remains incomplete as there are only two sitting members. Former Supreme Court judge, Justice GS Singhvi heads the tribunal as its Chairman, while Mr. Rajeev Kher is the expert member..Statistics.As per the data provided by the tribunal, the disposal/dismissal rate of the body is given here under:-.2014-201588 appeals filed; 49 disposed28 appeals u/S.26, 58 appeals u/S.27, and 1 each under S.33 and S.43A2015-2016112 appeals filed; 98 disposed.24 appeals u/S.26, 76 appeals u/S.27, 10 appeals u/S. 43, and 1 each under S.31 and S.33, plus 2 claims u/S.53 (N).From the Court.One feature shared by both CAT and COMPAT is a white board with a Hindi quotation scribbled on it. While the quote tells visitors that there is no harm in accepting your mistakes and forsaking all sins (!), there is also a tiny post-script which elaborates on the English meaning of the words used in the quote..Moving on, to my left is the hallway which opens out to the sole court headed by Justice GS Singhvi while the chambers of members, their staff and other administrative officers are housed on the opposite side of the court..A typical day in Justice Singhvi’s court would mean witnessing healthy banter between the Bar and the Bench, some rebukes here and there, and a sarcastic Chairperson whose approach, as per COMPAT lawyers, has not changed much since his days in the apex court..The day I visted COMPAT, a matter relating to piracy was in progress. With both sides engaging legal bigwigs and indulging in heavy jargon, Justice Singhvi proceeded to make a short observation. Addressing the lawyer who was arguing against video piracy, Justice Singhvi asked,.“Who doesn’t indulge in piracy? What is the first thing that you do when your favorite actor’s movie is released? Do you not download it on your laptop and watch it?” .It was an interesting sight to see the lawyer turn sheepish and be at a loss of words for a few moments; evidently unprepared to answer the rhetorical question!.The Regulars.On any given day, it is not uncommon to spot seniors like Gopal Subramaniam, Ramji Srinivasan, Amit Sibal etc appearing frequently for competition law firms..Then there are counsels who are regularly briefed for COMPAT matters such as Rajshekhar Rao, Prashanto Sengupta and Vaibhav Gaggar..While there are no more than two matters listed every day, the Bench listens to ever case in a detailed manner with some lawyers arguing for 2-3 hours at a stretch. This ensures that the second matter on the list never gets called out on the same day. Justice Singhvi, in his trademark style, is often seen grilling lawyers over procedural aspects of the law..One hearing saw him reminiscing about his days of practice and imparting advice to the arguing counsel on the dos’ and donts’ of everyday legal practice. Such days, agree most lawyers, make up for the mundane moments in court..Lawyer speak.Pros- One lawyer tells me that the Registry is very flexible and accommodating. She narrates one incident where her firm had to file a reply within two days and the Registry realized the urgency in the matter and helped her..Another lawyer feels that the Bench is extremely patient while listening to cases and the Bench is always prepared to hear the matter. Insufficient consideration of your case will never be the grouse from Justice Singhvi’s court, is the opinion held by many..Yet another plus that contributes to the efficiency of COMPAT is the fact that long adjournments are not granted. In fact, adjournments are not granted easily and, as I witnessed, one has to provide sufficient reasons for an adjournment. And even if an adjournment is given, it is usually a short date..This is reflected, to some extent, in the disposal rate..Cons- There are contradictory views on the efficiency of the Registry. While one lawyer was accommodated by the staff, another lawyer was left hassled when the Registry staff lost the receipt of acknowledgment for filing. This, he says, got him in trouble, and it was not the only time this happened..Another advocate rues that the COMPAT has developed a habit of referring matters back to CCI while passing orders and judgments. This often works as a detriment to litigants for the CCI rarely re-considers its own orders. Another issue, and here the COMPAT is not alone, is whether a specialised body should have members who are specialists in the respective field..COMPAT has an annual budget of 5 crores and a very skeletal, and over-worked staff. There are no economists to assist the bench for what is primarily an economics oriented law – a fact which does impact Competition jurisprudence..Verdict.The COMPAT is a tribunal that does not have original jurisdiction and deals primarily with appeals and compensation claims. For the limited jurisdiction that it exercises, it is doing a decent job. The Bench is patient with hearing the cases and one can be rest assured that the matter will be put to rest, only after all angles have been adequately probed by the Bench..However, it leaves much to be desired whenever the tribunal remits cases back to the CCI. As the lawyers say, the role of an appellate body is watered down if all cases have to be re-heard by the same forum against whose decision an appeal was preferred in the first place..There are other infrastructural issues (lack of clean washrooms for women, canteen for lawyers, glitches in filing by the staff etc) that the tribunal needs to tackle on an urgent basis so that the functioning is as perfect and proper as the lawns that welcome visitors.