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Supreme Court of India 2022-01-19 allowed

Competition Commission of India vs State of Mizoram & Ors

Bench: 1 — Sanjay Kishan Kaul

In Brief

The Supreme Court held that the Competition Commission of India has jurisdiction to investigate allegations of bid rigging and cartelisation in the tender process for appointing lottery distributors, despite lotteries being regulated under the Lotteries (Regulation) Act. The Court rejected the argument that lotteries fall outside the Competition Act because they are res extra commercium. Distribution of lottery tickets constitutes a 'service' under the Competition Act's broad definition. The Court set aside the High Court's order staying CCI proceedings, finding the intervention premature and improper. Parties aggrieved by CCI decisions have an adequate remedy through appeal under Section 53B. The Court allowed the appeals and directed CCI proceedings against private parties to continue.

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Competition Law Antitrust Bid Rigging Cartelisation Lotteries Regulation Administrative Law Jurisdiction of CCI Appellate Remedy Constitutional Law

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