Section 53A of CA, 2002 : Section 53A: Establishments Of Appellate Tribunal

Explanation using Example

Imagine a scenario where a small business owner believes that a larger competitor is engaging in anti-competitive practices, such as forming a cartel to fix prices, which is harming their business. The small business owner files a complaint with the Competition Commission of India (CCI). After investigation, the CCI concludes that there is indeed a violation of competition laws and imposes a penalty on the larger competitor.

Unsatisfied with the CCI's decision, the larger competitor decides to appeal the penalty. They would then approach the National Company Law Appellate Tribunal (NCLAT) under Section 53A of the Competition Act, 2002. The NCLAT has the authority to hear the appeal and make a judgment on whether the CCI's decision was justified or if there are grounds to modify or overturn the penalty imposed.