Facts of the case
- The present appeal is filed against the order passed by Competition Appellate Tribunal in which the tribunal affirmed the findings of the Competition Act of India regarding different facets of abuse of dominant position by the appellant.
- Aggrieved by which, appellant have filed the present appeal.
- The crux of the case revolves around abuse of the monopoly by the appellant which is raising concerns.
- The question before the court is whether Competition Act,2002 applies on the appellants or not.
Contention of the Parties
- The learned counsel appearing on the behalf of appellant contends that the coal mines operated by the appellants are outside the purview of the provisions of Competition Act 2002.
- The counsel submits that the appellants fall under the meaning of State under Article 12 of the Constitution.
- Whereas the learned counsel of the respondent submits that the act indeed applies on the appellant. It was contended that the appellant wants to escape from the situation since it has violated the act.
Observations of the Court
- The court held that there is no merit in the contentions of the parties in context that Competition Act is not applicable to them because they are governed under Coal Mines (Nationalization) Act,1973.
- Court observed that in between both the acts, as per the present facts and circumstances the Competition Act ,2002 shall prevail