Edited by Albert A. Foer and Jonathan W. Cuneo
Pradeep S. Mehta1 and Cornelius Dube2 Introduction The Indian case with respect to private antitrust enforcement offers a unique example, given that private enforcement has to be administered by the same institutions tasked with public enforcement of competition law. The Monopolies and Restrictive Trade Practices Commission (MRTP Commission), established by the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act), was the sole body responsible for the enforcement of competition law in India until 20 May, 2009, when the Competition Commission of India (CCI), established by the Competition Act, 2002 (Competition Act), became effective. The Competition Appellate Tribunal (CAT), which is also provided for under the Competition Act, was inaugurated on 19 October 2009. The CAT is established to hear appeals against orders of the CCI and to preside over compensation claims relating to violations of the Competition Act. In terms of the Competition Act, the MRTP Commission was expected to continue to prevail for two years after the Competition Act took effect to handle pending cases, although not entertaining any new cases.3 However, in a surprising turn of events, the MRTP Commission came to a premature demise on October 14, 2009 when the President of India promulgated the Competition (Amendment) Ordinance, 2009 amending section 66 of the Competition Act. In terms of the Ordinance, from October 14 all monopolistic or restrictive trade practices pending before the MRTP Commission would be transferred to the CAT. However, the MRTP Act will still be in force, given that in deciding these outstanding...
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