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CCI VS SAIL

The article is focused on examining and critically analyzing the judgment which
puts at rest various controversies. in particular, the demarcation of the powers
between the Competition Appellate Tribunal and the Competition Commission
of India and also lays down strict directions for prompt and expeditious disposal
of ex post enquiries besides norms to be adhered while granting interim orders.
Supreme Court of India passed on 9 September, 2010 in the case of
Competition
Commission 0] Mia v. Steel Authority of India Limited. This can without a doubt
be
labelled as a landmark judgment in the field of competition law in India wherein.
the Honble Supreme Court has put forth in great detail the rationale behind the
enforcement at this Indian Competition Act, 2002 (Act).

All the powers attributed to the


t nmmission through this judgment come
Will! a rider of utmost responsibility
which requires the Commission to
mvcute such powers keeping in mind the
underlying scheme and spirit of the Act.
this is amplified by the fact that the Court
It. issued directions to the Commission
lur speedy and expeditious disposal of
the matters.
This verdict of the Supreme Court
assumes importance and impacts the
development of the jurisprudence to a
large extent keeping in mind the timing
of the issues raised in the judgment. This

judgment is the first step towards the


building of competition jurisprudence in
our country which is much needed at
present. We would like to conclude by
saying that the Hon'ble Judges of the
Supreme Court have rightly upheld the
essence of the law and endorsed the
intent of the Act which is protecting the
interest of the consumer and ensuring
freedom of trade. This shall go a long way
in formulating the competition law
landscape in India.

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