The Tax Publishers 2019 TaxPub(CL) 0017 (Del-HC) : (2018) 150 SCL 0732

 

Abbott Healthcare (P) Ltd. v. Competition Commission of India

 

Competition Act, 2002

--Power of Commission to regulate its own procedure --Anti competitive agreementWhether incumbent upon the Commission to obtain evidence before forming a prima facie view----It was not incumbent upon CCI to first take evidence under section 36(2) or regulation 41 before forming a prima facie view, which it was required to form in terms of section 26.--Information was filed against four leading pharmaceutical companies including petitioner company on the ground that they entered into an anti-competitive agreement for controlling the prices of diabetes drugs across the country. Competition Commission of India (CCI) directed the Director General to cause an investigation into the matter. Petitioner filed an application for review and recall of the said order, however, the CCI rejected the application. Petitioner challenged the order of refusal by way of writ petition. Consequently, the matter was remanded to the CCI for fresh consideration. Petitioner contended that it was incumbent upon the CCI to exercise its powers of taking evidence and calling for further information in terms of section 36(2) and regulation 41 before forming a prima facie view, which it was required to form in terms of section 26. Held: The provisions of section 36 and regulations 17, 41 and 44 related to the powers of the CCI to take evidence and call for information, but the powers of the CCI were not in question in the instant case. The CCI would have a jurisdiction to exercise its powers in the manner in accordance with provisions of the Act. Therefore, there was no merit in the contention that it was incumbent upon the CCI to first take evidence under section 36(2) or regulation 41 before forming a prima facie view, which it was required to form in terms of section 26. Hence, petition was dismissed.

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