Supreme Court of India

Competition Commission of India v. Bharti Airtel Limited and Others

Neutral citation
Reported as [2018] 14 S.C.R. 489
Bench A. K. Sikri and Ashok Bhushan JJ.
Decided 5 December 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We hold that the order under Section 26(1) of the Competition Act is administrative in nature and further that it was merely a prima facie opinion directing the Director General to carry the investigation, the High Court would not be competent to adjudge t he validity of such an order on merits.

Judgment, page 95

From the headnote

Competition Act, 2002: ss.14, 19, 21, 21A and 26 – RJIL filed information under the Act alleging anti-competitiv e agreement/ cartel having been formed by three major telecom operators ( IDOs) along with COAI – Grievance of RJIL was that the IDOs intentionally ignored its request to augment Point of Interconnection (POIs) for access, National Long Distance and international Lo ng Distance services, as the capacity already provided to it wa s causing huge POI congestion resulting in call failures on its ne twork – Apart from IDOs, certain allegations were made against CO AI also – It was

Where later benches applied it

Of those, 1 referred to

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