SC starts CCI hearing; decision likely to have bearing on future of competition law
The outcome of the case will likely have a significant impact on the way competition law will operate in India.

The apex court ruling in the case will help delineate the powers and functions of CCI and the tribunal, and decide the issue of whether the Appellate Tribunal can stay an investigation in a prima facie case of competition law violation. As per the legislative framework, CCI orders are subject to appeal at the Competition tribunal and ultimately at the Supreme Court.
The legitimacy of CCI crucially depends on the outcome of this hearing. The practice of the courts should be “deferential” in matters relating to expert bodies like the CCI. The Supreme Court in the matters dealing with electricity regulation has more or less adopted this approach, where the apex court does not revisit the principles but it only sees whether due process has been followed. Reversals of decisions lead to uncertainty and unpredictability, increasing transaction costs for stakeholders. According to experts “The statute (Competition Act, 2002) does not provide the respondent a hearing at the preliminary stage,” but the Appellate Tribunal thinks otherwise. This is being challenged by the CCI in the Supreme Court. Any decision against the CCI would mean a re-interpretation of the competition law.