This article has been written by Rakhee Kaur, pursuing the Certificate Course in Introduction to Legal Drafting: Contracts, Petitions, Opinions & Articles from LawSikho.

Introduction 

The Competition Commission of India was established in order to regulate the competition in the domestic as well as the foreign markets which has a significant influence in the domestic market in India. With the advent of liberalization and privatization in India around 1991, it was natural that the competition in India would increase manifold. However, before such science and technological advancement, the markets were under the control of the governments of the respective State. 

Due to liberalization in India, the governmental control on such markets began to diminish but also paved the way for the growth of competition among the domestic market. The Competition Act, 2002 is superseded by the earlier legislation of Monopolistic and Restrictive Trade Practice Act, 1969 (MRTP Act 1969) whose main objective was to reduce the concentration of the economic power in the hands of few monopolistic market holder and also to restrict the unhealthy trade practices. 

The Competition Act, 2002 follows the modern competition laws. Basically, the Act prevents the anti-competitive agreements, abuse of dominant position by the enterprises in the market and regulate the combinations such as acquisition, takeover, merger and amalgamation which would likely cause an appreciable adverse effect on the competition within India.  

Object and purpose of the Act and Appeal

Objectives of the Act is to ensure healthy competition in the domestic market within India as well as to prevent anti-competitive agreement. Other main objectives include the prevention of the abuse of dominant position, freedom of trade with other competitors and economic development in the market.

The main purpose of the Act is to promote healthy growth of competition in the domestic market and to restrict the abuse of dominant positions in the market.

The purpose of an appeal under the Competition Act, 2002 is to make available the right conferred by the act, if any if the appellant is aggrieved by the decision of the Competition Commission of India can appeal to the Appellate Tribunal that is National Company Law Appellate Tribunal (NCLAT).

How to appeal

Under the Competition Act, 2002, a party aggrieved by the decision of the Authority can prefer an appeal to the Appellate Tribunal, that is, the National Company Law Appellate Tribunal (NCLAT). If the party is not satisfied by the decision, direction, or order given by the National Company Law Appellate Tribunal, s/he can file an appeal under Section 53T, within 60 days from the receipt of the order from the National Company Law Appellate Tribunal.

As per the provision of the Act, Section 53T “Appeal to Supreme Court” provides that the specified parties in the Act or any person aggrieved by the decision of the Appellate Tribunal may file an appeal to the Supreme Court within 60 days (sixty days) from the date of decision of the Appellate Tribunal. It is also provided that the Supreme Court if satisfied that the applicant was prevented by sufficient cause from filing the appeal shall be allowed to file the appeal after the expiry of the said period i.e., 60 (sixty) days 

Essential points that are to be incorporated in an appeal

Language and format 

• Every appeal petition in the Supreme Court shall be in the English language. If it is in any other language, then it shall be accompanied by the translated version in the English language;
• Appeal to be stitched together in a paper book format and should be fairly and legible typewritten with double spacing on one side of the standard petition paper and should be duly page numbered. 

Memorandum of appeal 

• A memorandum of appeal should be filed along with the requisite form and fees to the Registrar of the Supreme Court. 
• A memorandum of appeal shall set forth the grounds without any argument and should be numbered consecutively.
• The memorandum of appeal is accompanied by the certified copy of the Judgement appealed from and then it is presented to the concerned officer in the office of the court of appeal.

Cause title

• The cause title shall be “IN THE SUPREME COURT OF INDIA”.
• “CIVIL APPELLATE JURISDICTION”.
• Civil appeal no. -_______
• State that the appeal has been filed under section 53T of the Competition Act, 2002.

Memo of parties and address for service of summons

• State full name, parentage and following details:
  • The name of the road, street, lane and municipal division or ward, municipal door and another number of the house;
  • The name of the town or village;
  • The post office, postal district and PIN Code; and 
  • Any other particular is necessary to identify the addressee such as FAX number, mobile number and e-mail address.
• In case party sues or is being sued in a representative character, state the fact at the beginning of the appeal and need not be repeated in the remaining part of the appeal;
• If a company or companies are party to the appeal, the name and details of the person authorized to represent the company;
• The parties shall be numbered consecutively and a separate line should be allotted to the name and description of each party. This number shall not be changed and in the event of the death of a party during the pendency of an appeal, his legal heirs or representative(s) should be given sub-numbers. 

Synopsis cum chronological list of events

• Giving the brief idea of the background of the parties, that is, if they are private persons or companies and how they are related to each other;
• Mention the date when the business between the parties commenced and what were the agreed terms between them;
• Give the court a brief idea of how the dispute arose or how the combination/merger was illegal should be enumerated;
• Whenever dates are available, make sure they are added after the relevant facts;
• The dates and the facts of the case shall be chronologically mentioned.

Pleadings

• To be divided into paragraphs and numbered consecutively;
• Each paragraph must contain as nearly as may be, a separate fact or allegation or point;
• Where other dates are used, the state also the corresponding dates of Gregorian Calendar;
• Every interlineation, eraser or correction or deletion should be initialled by the party or his authorized representative;
• Give all the reasons that make the impugned order illegal and how the due procedure of law was not followed etc. If you are on the respondent’s side, give specific reasons why the Appellate Tribunal arrived at the said decision and how the decision/order/direction is based on true pieces of evidence. You should also state the monetary amount involved in the dispute and which party owes money to the other if any. If the appeal is against the combination or merger, state the reasons why it is illegal or how it would be an anti-competitive agreement.

Documents to be enclosed

• Every appeal shall be accompanied by a certified copy of the impugned order(s) (not photocopy or typed copy). The order is to be incorporated in the paper book immediately after the Appeal Memo;
• Attach a proper index before the documents;
• Affidavit on behalf of the parties signing should also be mentioned;
• A sufficient number of copies of appeal or petition or application should be filed for service on the opposite parties.

Affidavit 

• Few facts are to be proved through an affidavit. The court can, in its own discretion, also ask the parties to file an affidavit to prove any fact in the court;
• The affidavit should be written in the first person, and are to be divided into paragraphs and numbered consecutively. It should state the description, occupation, and the place of residence of the deponent;
• It should be confined to the facts that the deponent can prove according to his/her own knowledge;
• Every exhibit that is annexed to an affidavit should be marked with the title and number of the appeal and should be initiated and dated by the authority before whom it is sworn;
• Affidavits should be duly notarized before the Registrar of the Court.

Verification 

• The name and signature of the parties or their authorized representative should be there at the foot of the appeal;
• It should be signed and verified by every party to the appeal.

 Process fees 

• The processing fee should be duly paid by the party along with necessary documents within a period as directed by the Supreme Court;
• Copy of information filed before the Competition Commission of India is to be produced.

Court fee

• The Court fee for appeals filed against the orders of the Competition Commission is ₹ 5,000 /- (rupees five thousand only).

Conclusion 

Hence, from the above, it is clear that there are certain persons who can file an appeal in the Supreme Court under section 53T of the Competition Act, 2002. Any party, be it the Central Government or the State Government, or any local authority or an enterprise which is aggrieved by the decision as given by the Appellate Tribunal can file an appeal directly to the Supreme Court of India. While drafting, one should keep in mind the above mentioned pointers as well as incorporate the valid grounds of appeal, reason why the order is against the law, parties’ descriptions, affidavits and verification. Relevant documents have to be filed and the Court has the sole discretion to order the parties for some additional documents as may be necessary to prove certain facts of the case. 

References 

• http://www.bareactslive.com/ACA/ACT390.HTM 
• https://nclat.nic.in/wp-content/uploads/2018/09/checklist_for_filing_appeals_under_COMPAT_20.09.2017.pdf 
• https://www.taxmanagementindia.com/visitor/detail_article.asp?ArticleID=8459 

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