Appellate Tribunal

Table of Contents

Appellate Tribunal is an important institution established under the Competition Act, 2002.

Its main objective is to hear appeals against the decisions of the Competition Commission of India (CCI).

Functions

The primary function of the Appellate Tribunal is to hear appeals against the decisions of the CCI. This includes appeals against orders related to anti-competitive agreements, abuse of dominant position, and combinations (mergers and acquisitions).
The Appellate Tribunal also has the power to hear appeals against any direction or decision of the CCI related to the imposition of penalties.
It has the authority to adjudicate on disputes related to competition law and pass orders and directions that are necessary to protect competition in the market.
The Appellate Tribunal also has the power to review, modify, or set aside any decision or direction passed by the CCI.

The Appellate Tribunal consists of a Chairperson and at least two other Members.
The Chairperson must be a person who has been a Judge of the Supreme Court or Chief Justice of a High Court.
One of the Members must be a person who has special knowledge of, or professional experience in, international trade, economics, business, commerce, law, finance, accountancy, management, industry, public affairs, or competition matters.
The other Member must be a person who has special knowledge of, or professional experience in, competition matters.

The Appellate Tribunal plays a crucial role in ensuring the fair and effective implementation of competition law in India.
It provides a forum for parties aggrieved by the decisions of the CCI to seek recourse and obtain justice.
The Appellate Tribunal’s decisions have a significant impact on the development of competition law jurisprudence in India.

The Appellate Tribunal follows the rules and procedures laid down in the Competition Act, 2002 and the Competition Appellate Tribunal (Procedure) Rules, 2011.
The Appellate Tribunal has the power to regulate its own procedure and decide the format and manner of conducting hearings.
It also has the power to summon and enforce the attendance of any person, including witnesses, and to compel the production of documents.

The Appellate Tribunal does not directly deal with export and import policies, as its primary function is to adjudicate on disputes related to competition law.
However, its decisions can have an impact on the export and import policies of companies and industries, as it helps to promote a level playing field and fair competition in the market.