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2022 (8) TMI 154 - Indian Laws
This Tribunal is to do the judicial scrutiny of the orders passed by R1. While examining the issue, the citations available within Indian jurisdiction are primarily to be relied and if, no reference, is there then only, we can opt for the judgment in foreign jurisdiction. Each countries statute has its own nuances. We have already seen that Italian Competition Authority looks at consumer protection as well as Competition Law whereas Indian Competition Act is primarily concerned with preventing practices having adverse effect on Competition, to promote and sustain competition in market etc. The facts brought out in foreign jurisdiction may be different from the facts what has been brought for Indian jurisdiction so all these reliance on foreign proceedings is misplaced and needs to be disregarded as they have no relevance insofar as the present case is concerned.
There are no inconformity in the findings of Competition Commission of India and hence, the ‘Appeal’ deserves to be dismissed and accordingly is dismissed.