VidhiSangh

Supreme Court of India · 15/06/2023

COAL INDIA LIMITED AND ANR versus COMPETITION COMMISSION OF INDIA AND ANR

[2023] 7 S.C.R. 827 · 2023 INSC 580

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Summary

The Court held that the Competition Act applies to Coal India and its subsidiary despite their statutory-monopoly role and obligations under Article 39(b). It decided only that threshold question, preserving their factual and policy defences and leaving the appeal and transferred proceedings to be considered on their merits.

Issues

  1. Whether a government coal monopoly pursuing Article 39(b) objectives is excluded from the Competition Act.
  2. Whether the Nationalisation Act and its constitutional protection displace the Competition Act’s scrutiny and remedial powers.
  3. How governmental policy obligations may be considered in determining abuse of dominance.

Provisions considered

Held

Result

Contention that the Competition Act is inapplicable rejected, with merits defences preserved. Transferred cases disposed of by sending them back for consideration on their merits. Civil appeal retained for merits; interim applications and contempt petition directed to be listed in the second week of July 2023; applications connected with I.A. 66587/2017 disposed of.

Judgment PDF: Supreme Court of India, [2023] 7 S.C.R. 827.