NCLAT sets aside CCI order on DLF
Competition Commission rejected a complaint against DLF and its subsidiary for alleged abuse of the dominant position based on DG report; Tribunal directs CCI to examine the matter
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New Delhi: The NCLAT has set aside an order passed by fair trade regulator Competition Commission of India (CCI) with respect to DLF and directed it to examine the matter.
The case pertains to CCI rejecting a complaint against DLF and its subsidiary for alleged abuse of the dominant position on the basis of a second/supplementary report from DG. The appellate tribunal said CCI was not authorised to pass an order for further investigation if once its probe unit - the DG (Director General) has already noticed the violation in its first report and "the same cannot be justified".
Based on the second/supplementary DG report, CCI passed the order concluding that "the contravention of the provisions" of the Competition Act was not established against DLF and its wholly-owned subsidiary DLF Home Developers.
A two-member NCLAT Bench said it was "of the opinion that without going into further detail or delving into the merit of the case the order impugned is liable to be set aside since the order is primarily passed on the supplementary investigation report submitted by the DG which was conducted on a void order of the CCI."
