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2015 (3) TMI 197 - HIGH COURT OF DELHIJurisdiction to levy penalty by Competition Commission of India (CCI) - Sections 3 and 4 of the Competition Act, 2002 - Principles of natural justice - Held that:- This Court is of the opinion that the petitioner's argument of lack of jurisdiction is misplaced as neither CCI nor Competition Appellate Tribunal (COMPAT) lack inherent jurisdiction to decide the petitioner's first submission as to whether Act, 2002 applies to the proceedings or not. This Court is of the view that issues of applicability of Act, 2002 or Monopolies and Restrictive Trade Practices Act, 1969 and levy of penalty are not equivalent to lack of inherent jurisdiction to decide the case. Consequently, in the opinion of this Court, it is only the CCI and COMPAT which have the jurisdiction to decide the issue of applicability of Act, 2002 as well as the issue of levy of penalty thereunder. As far as the issue of principles of natural justice is concerned, this Court is of the opinion that both COMPAT and CCI have adhered to it and parties have been given not only liberal, but a full hearing even at the interlocutory stage. The issue as to whether two reports prepared by the Director General, namely, Case No.29/2010 and RTPE 52/2006 are practically identical, would be examined by the COMPAT at the final hearing stage. This Court is also in agreement with the prima facie conclusions arrived at by COMPAT in its impugned order. Moreover, this Court is of the view that COMPAT has also passed similar orders requiring other cement manufacturers to pre-deposit ten per cent of the penalty imposed on them by CCI. In the light of said orders, this Court is of the view that the impugned order is fair and reasonable and requires no interference at this interlocutory stage in writ proceedings. - Decided against the appellant.
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