Synopsis

The appellant challenged the Competition Commission of India’s (CCI) order dated 13th August 2025, which condoned delay in filing information under Section 19(1) of the Competition Act, 2002, and directed investigation under Section 26(1). The information related to alleged labour‑related coordination (anti‑competitive agreements) in the appellant’s industry. The CCI condoned the delay on grounds that the informant had initiated internal investigation after dawn raids by foreign competition authorities in March 2023, approached the CCI promptly after notification of the Lesser Penalty Regulations in 2024, and that the cause of action was continuing. The appellant filed a writ petition, which was dismissed in limine by the learned Single Judge. The Division Bench dismissed the Letters Patent Appeal, holding that the CCI had recorded sufficient reasons for condoning the delay, that a liberal and justice‑oriented approach applies to condonation of delay, and that superior courts should not disturb a positive exercise of discretion by the statutory authority. The appeal was dismissed.

Court: High Court of Delhi

Coram: Honourable Mr. Justice Nitin Wasudeo Sambre and Honourable Mr. Justice Ajay Digpaul

Date of Judgment: 15th April 2026

Citation: LPA 266/2026 (2026:DHC:3201-DB)

Core Law: Competition Act, 2002 – Section 19(1) (first and second proviso – limitation for filing information), Section 26(1) (direction for investigation), Section 46 (lesser penalty), Section 57 (confidentiality); Competition Commission of India (Lesser Penalty) Regulations, 2024

2. Legal Framework

Major laws and provisions involved

• Competition Act, 2002 – Section 19(1) (inquiry into certain agreements and dominant position); first proviso (limitation of three years from cause of action); second proviso (condonation of delay on sufficient cause); Section 26(1) (direction to Director General for investigation); Section 46 (lesser penalty); Section 57 (confidentiality of information)

• Competition Commission of India (Lesser Penalty) Regulations, 2024 – Regulation 8 (confidentiality)

Key legal principles applied

Limitation under Section 19(1) – first proviso: The CCI shall not entertain an information or reference unless it is filed within three years from the date on which the cause of action has arisen.

Condonation of delay – second proviso: The CCI may entertain information after three years if it is satisfied that there was sufficient cause for not f

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