Nov. 9, 2009 (The Hindu Business Line) --

Moumita Bakshi Chatterjee
Arun S.

However, with over 1,000 cases still pending before it, the Competition Appellate Tribunal (Compat) faces a daunting task, especially considering that its main mandate is to take up matters that come on appeal from the Competition Commission of India.
Backlog

Noting the complications involved in settling the pending cases, some of which date back to more than a decade, Dr Justice Arijit Pasayat, Chairman of the Compat, told Business Line that he would not like to set a timeline to clear the backlog. Most of the cases are regarding compensation and, therefore, it could take time, he said.

Some of the matters that have been disposed by the tribunal in the last few days include those involving companies such as Perfetti (1998), Johnson & Johnson (NYSE:JNJ) (2002), and Unitech (2005).

An Ordinance had brought a premature end to MRTPC on October 14, 2009, almost two years ahead of its stipulated winding-up date.

While the Compat has taken up cases pertaining to monopolistic and restrictive trade practices, unfair trade practices matters have been moved to National Consumer Disputes Redressal Commission under the Consumer Protection Act. The monopolies and restrictive cases are to be heard by the tribunal, but they will be decided as per the MRTP Act and not the Competition Act.

Moreover, even if the Ordinance lapses (it has to be taken up within six weeks from the date of re-assembly of Parliament), or gets disapproved by Parliament, it would not have any bearing on the cases decided by the Compat or the National Commission. When passed by Parliament, the Ordinance will become an Act.

It is estimated that at the last count about 2,250 cases were pending before the MRTPC, the bulk of it pertaining to monopolistic trade practices (over 1,100 cases). The rest were to do with complaints with regard to restrictive trade practice enquiries (over 250 cases) and unfair trade practices (nearly 800 cases).