Authored By: Shivani Devi (LL.M), Rayat Bahra University, Punjab, Research Writer at Law Audience,
Edited By: Mr. Varun Kumar, Advocate, Himachal, Punjab & Haryana and Founder at Law Audience
Introduction:
The Competition Appellate Tribunal was created under the Competition Act, 2002 to act as a judicial body that hears appeals from parties aggrieved by orders passed by the Competition Commission of India (CCI). In 2017, its functions were transferred to the National Company Law Appellate Tribunal (NCLAT)
(Now performed by the National Company Law Appellate Tribunal – NCLAT)
In simple terms:
- The CCI investigates anti-competitive conduct, imposes penalties, and issues directions.
- If someone disagrees with the CCI’s order, they can appeal to the Appellate Tribunal (NCLAT).
This system helps in maintaining healthy competition, protecting consumers, and ensuring justice to businesses.
1. Hearing Appeals Against CCI Orders
The main function of the Competition Appellate Tribunal (now NCLAT) is to hear appeals against the orders of the Competition Commission of India.
Any person, company, or enterprise that is unhappy with a CCI order can file an appeal before NCLAT.
Appeals can be filed against:
- Orders related to anti-competitive agreements (Section 3)
- Orders related to abuse of dominant position (Section 4)
- Orders approving or rejecting mergers and acquisitions
- Orders imposing penalties or fines
The appeal must be filed within 60 days from the date of the CCI order.
Example
If the CCI imposes a heavy fine on a company for abusing its dominant position, and the company feels the decision is unfair, it can approach NCLAT.
2. Power to Uphold, Modify, or Set Aside CCI Orders
After hearing both parties, the Tribunal has wide powers. It can:
- Confirm the CCI order (agree with it)
- Modify the order (change penalty or directions)
- Set aside the order
- Pass fresh directions
This power ensures that mistakes made by the CCI can be corrected.
Recent Case Law: WhatsApp (Meta) Case
WhatsApp LLC (Meta Platforms) v. Competition Commission of India (2024–2025)
The CCI imposed a penalty of over ₹213 crore on WhatsApp for abusing its dominant position through its privacy policy.
- WhatsApp appealed to NCLAT
- NCLAT upheld the penalty
- But it removed the five-year ban on data sharing imposed by CCI
This case clearly shows that the Tribunal can partly agree and partly disagree with the CCI order.
3. Power to Grant Interim Relief
The Tribunal has the power to grant temporary relief while the appeal is still pending. This is important to prevent serious damage to businesses before the final decision.
Recent Example
In early 2025, NCLAT temporarily suspended CCI’s restriction on WhatsApp’s data sharing, allowing the company some relief until final judgment.
4. Ensuring Principles of Natural Justice
Another important function of the Tribunal is to ensure natural justice, which means:
- Both parties get a fair chance to be heard
- Decisions are not biased
- Proper reasoning is given in judgments
The Tribunal ensures that:
- CCI follows proper procedure
- No decision is arbitrary or unfair
This builds trust in the competition law system.
Case Law:
Mahindra & Mahindra Ltd. v. Competition Commission of India (2019)
In this case, the appellate body stressed that CCI must follow proper procedure and give parties a reasonable opportunity to be heard.
This shows the Tribunal’s importance in protecting procedural fairness
5. Powers Similar to a Civil Court
The Competition Appellate Tribunal has powers similar to a civil court, such as:
- Summoning witnesses
- Ordering production of documents
- Taking evidence on oath
- Reviewing its own decisions
These powers help the Tribunal examine cases deeply and reach correct conclusions.
6. Power to Deal with Penalties and Compensation
The Tribunal can:
- Reduce excessive penalties imposed by CCI
- Increase penalties if required
- Examine compensation claims filed by affected parties
Illustration
If a small business suffers losses due to cartelisation by large companies, it can seek compensation, and the Tribunal can examine such claims.
7. Interpretation and Development of Competition Law
The Tribunal plays a major role in interpreting the Competition Act and developing competition law in India.
Through its judgments, it clarifies:
- What amounts to dominance
- When conduct becomes abusive
- How digital platforms should be regulated
Recent
Recent cases show that NCLAT is actively dealing with digital market issues, such as data sharing, privacy, and market power of tech companies.
8. Execution of Orders
Orders passed by the Tribunal are binding and can be enforced like a civil court decree.
9. Appeal to the Supreme Court
If any party is still dissatisfied with the decision of the Tribunal, they can appeal to the Supreme Court of India within 60 days.
However, appeals to the Supreme Court are allowed only on questions of law, not on facts.
Conclusion
The Tribunal plays a crucial role in maintaining a balance between regulatory control and business freedom. While the CCI is entrusted with the responsibility of preventing anti-competitive practices, it possesses wide investigative and penal powers. The Appellate Tribunal ensures that these powers are exercised lawfully, proportionately, and fairly. Through its power to uphold, modify, or set aside CCI orders, the Tribunal safeguards enterprises from excessive penalties and unjust directions, as seen in cases such as WhatsApp LLC v. CCI and Excel Crop Care Ltd. v. CCI.
Another major contribution of the Tribunal lies in its role as a protector of natural justice. It guarantees that no party is condemned without being heard and that every decision is supported by proper reasoning.
The Tribunal has also emerged as a key institution in addressing modern competition issues, especially those relating to digital markets, data dominance, and technology-based enterprises. As markets evolve rapidly, traditional legal approaches often fall short. The Tribunal’s expert composition enables it to interpret the Competition Act in light of present-day economic realities. Cases involving global technology companies like Google and WhatsApp show how the Tribunal has adapted competition principles to new-age markets while protecting consumer welfare.
In conclusion, the Competition Appellate Tribunal functions as the guardian of fairness, balance, and accountability in India’s competition law regime. By ensuring judicial oversight, protecting rights of enterprises, promoting healthy competition, and adapting the law to modern economic realities, the Tribunal strengthens the foundation of a free and fair market economy. Its role is indispensable for sustaining consumer confidence, encouraging innovation, and ensuring that economic growth takes place within the boundaries of law and justice.
