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Competition Act : In a specific challenge to provisions of Sections 22(3), 27(b), 53A, 53B, 53C, 53D, 53E, 53F and 61 of the Competition Act, 2002 (the impugned provisions) and the notification dated 31-3-2011 amending Regulation 48 (1) of the Competition Commission of India (General) Regulations, 2009 and in relation to the appellate remedies to the Competition Appellate Tribunal (COMPAT) the Delhi High Court holds that:
• CCI does not perform only or purely adjudicatory functions so as to be characterized as a tribunal solely discharging judicial powers of state; it is rather, a body that is in parts administrative, expert (having regard to its advisory and advocacy roles) and quasi-judicial -when it proceeds to issue final orders, directions and (or) penalties.
• Section 22(3) (except the proviso thereto) is declared unconstitutional and void;
• Section 53E (prior to the amendment in 2017) is declared unconstitutional and void: however, this is subject to the final decision of the Supreme Court in the writ petitions challenging the Finance Act, 2017;
• All other provisions of the Competition Act are held to be valid subject to the following orders: