THE SUPREME COURT OF INDIA AND DELHI HIGH COURT CLARIFY THE SCOPE OF CCI’s JURISDICTION

Published On: 29/06/2023

Practice Area: Competition Law

Authors:

The Supreme Court of India and Delhi High Court by way of separate orders dated June 15, 2023 and June 2, 2023, respectively, have thrown light on the interpretation and scope of an ‘enterprise’ under the Competition Act, 2002. The Supreme Court of India has now clarified that legal status of the entity in itself does not exempt it from applicability of the Competition Act, 2002, and the activities of a State monopoly will fall within the Competition Commission of India’s jurisdiction. However, the Delhi High Court has held that a limited exemption is available to enterprises performing regulatory functions pursuant to a statute. INDUSLAW's Avimukt Dar, Unnati Agrawal, Yash Lahoty, Swapnil S, and Hrishav Kumar analyse the implications of these orders.