CASE COMMENT: ESS CEE SECURITIES PVT. LTD. & ANR. V. M/S DLF UNIVERSAL LIMITED & ANR.

In the landmark case of Competition Commission of India v Steel Authority of India1 (‘SAIL’s case’), the Supreme Court’s interpretation of various provisions of the Competition Act, 2002 (‘Act’), particularly the interpretation given to Ss. 26(1), 26(2), 53A(1)(a) and 53B(1) of the Act, has come to be considered as a touchstone against which the metes and bounds of the appellate jurisdiction of Competition Appellate Authority (‘COMPAT’) is to be decided. Nonetheless, this settled position has once again become unsettled. Recently, the scope of COMPAT’s appellate jurisdiction vis-à-vis the extent of its power to pass orders under S. 53B(3) of the Act, was brought into question before the apex court in the ongoing proceedings of Uber India Systems Pvt. Ltd. v. Competition Commission of India &Ors.