Who Has the Right to Legal Representation before the Appellate Tribunal in Competition Law

Anu Monga is a partner at AnantLaw. His practice focuses on competition law, international trade and WTO law. She also advises clients on technology, media and telecommunications (“TMT”) law. She advises clients on conduct and objection matters, merger control and general compliance, including audit and training. She has extensive experience in merger control in the energy, oil and gas sectors. Over the course of his career, Anu has advised foreign, multinational and Indian companies in the fields of healthcare and pharmaceuticals, automotive, chemicals and fertilizers, aviation, manufacturing, steel, cement, telecommunications, broadcasting, information technology, energy, insurance and insurance. In addition, she has an in-depth understanding of the economics of competition and supports clients in competitive analysis. His business was nominated for the Global Competition Review (“GCR”) awards in 2013 and 2014. She has represented clients in several high-profile cases, including the Builders Association of India (cement cartel), Excel Crop Care Ltd. (aluminium phosphide cartel and obtained the judgment on “relevant turnover”), Delhi Development Authority (abuse of dominant position), Schott Glass (abuse of dominant position), Cadila Healthcare Ltd., RMG Polyvinyl Ltd. and Forech Ltd.

She has advised several merger control operations, including ONGC-HPCL, PFC-REC, Jabil-Ericsson. Anu is currently involved in the first private claim for damages filed following the Supreme Court`s final decision and is acting as lead counsel for the defendants. A claim for damages or claims may be brought before the National Company Law Appeals Tribunal (NCLAT) for infringements of Chapter II of the Competition Act. Chapter II concerns `the prohibition of certain agreements, abuse of dominant position and merger regulation`. A claim for damages may also be made for loss or damage proven to have been suffered as a result of the breach of orders of the Competition Commission of India (ICC) or NCLAT under sections 42A or 53Q(2) of the Competition Act. Explanatory Note.–The terms “auditor” or “company secretary” or “accountant” or “attorney” have the meaning ascribed to them in the Explanatory Note to Article 35.] In the European Union (“EU”), any person can lodge an informal complaint with the antitrust authority. However, a formal complaint can only be filed by a “person” who has a “legitimate interest” in the case, in particular those who are direct competitors or consumers of the potentially infringing party, allowing that complainant to participate in the regulator`s proceedings. Also in the United Kingdom (“United Kingdom”), any person with information may apply to the Competition Authority, which grants the status of official complainant only to a person whose interests are or are likely to be significantly affected by the conduct complained of.

The granting of this status implies certain rights of participation in the procedures of the regulatory authorities. Between the lines of the preamble of the Act, it is the Commission`s duty to prevent practices that harm competition, to promote and maintain competition in the markets, to protect the interests of consumers and to guarantee free trade. After examining these objectives, the notion of “any person” does not imply a strict rule of standing. If it is a law, what is the relevant legislation and which courts are relevant? 1[253-p. Right of Legal Representation.– (1) A person who prefers to appeal to the Court of Appeal may appear in person or authorize one or more auditors or company secretaries, accountants or lawyers or one of his officers to present his case before the Court of Appeal. It is undeniable that CCI`s relatively short history (i.e. since the entry into force of the Competition Act in 2009) highlighted the huge “support” of “whistleblowers” in India; Therefore, the contribution of whistleblowers to Indian competition law is invaluable.