VidhiSangh

Supreme Court of India · 05/12/2018

COMPETITION COMMISSION OF INDIA versus BHARTI AIRTEL LIMITED AND OTHERS

[2018] 14 S.C.R. 489 · 2018 INSC 1154

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld quashing of CCI’s investigation direction as premature. TRAI first had to determine the disputed technical and contractual jurisdictional facts concerning interconnection between Reliance Jio and incumbent operators. CCI’s competition jurisdiction remained available at the subsequent stage. Although the direction was administrative, a jurisdictional writ challenge was maintainable; the High Court’s findings on the merits were inappropriate.

Issues

  1. Whether TRAI’s jurisdiction excluded or postponed CCI’s investigation into alleged concerted denial of interconnection.
  2. Whether a direction under Section 26(1) was administrative and amenable to a jurisdictional writ challenge.
  3. Whether the High Court could determine the merits of the prima facie investigation direction.

Provisions considered

Held

Result

Appeals dismissed subject to the Court’s observations. Quashing of CCI’s direction upheld as premature; CCI’s subsequent jurisdiction preserved and the High Court’s approach to the nature and merits of the direction disapproved.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 489.