Suo Moto Powers of the CCI: A Road Mired with Procedural Potholes
Courts & Justice Law Journal, Forthcoming
20 Pages Posted: 4 Sep 2020
Date Written: May 1, 2020
The proliferation of multinational enterprises has created the need for a strong and systematic regulatory process in each jurisdiction. In India, specialised regulators such as the Competition Commission of India have been created for this purpose, and with the aim that special skills and expertise is required for regulating such niche areas and industries. This paper discusses the evolution of the judicial system in India from the days of the British Raj, which has led to the current system of regulation, following which the nature and functions of the Commission are discussed, with particular emphasis on its suo moto powers. The paper proceeds to compare the Commission’s suo moto powers with those of competition regulators of the European Union and Australia. Finally, the paper deliberates on the procedural inadequacies and irregularities committed by the Commission, which have created an environment where the regulatory process followed by it is at odds with the principles of natural justice, resulting in opaqueness and unpredictability for market participants.
Keywords: Competition Law, Suo Moto Powers, Principles of Natural Justice, Competition Regulation, Competition Commission of India
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