SC landmark judgment on role of CCI & TRAI
SC landmark judgment on role of CCI & TRAI

In a landmark judgment on Dec 5, SC has delineated specific roles of CCI and TRAI, analyzing their mandates and how should they deal with such matters

In April 2017, CCI had ordered DG to investigate into alleged anti-competitive agreement between telcos to deny provision of points of interconnect to Reliance Jio.

Later, Bombay HC, setting aside CCI’s order, barred its jurisdiction to interpret policies in telecom sector.

CCI appealed to SC in Jan. 2018

SC held:

  • TRAI is entrusted to deal with issues of interconnect under TRAI Act and is seized of the matter.
  • CCI is entrusted to check anti-competitive agreements, abuse of dominance etc. under the Competition Act.
  • Both Acts are independent statutes and there is no conflict of jurisdiction between them.
  • The analysis does not bar jurisdiction of CCI but it could investigate only after TRAI returns its finding on the matter.

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