MoU between Competition Commission of India (CCI) and Administrative Council for Economic Defense of Brazil (CADE)

The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi today has approved the Memorandum of Understanding (MOU) between Competition Commission of India (CCI) and Administrative Council for Economic Defense of Brazil (CADE).

Section 18 of the Competition Act, 2002 permits CCI to enter into any Memorandum or arrangement with any agency of any foreign country for the purpose of discharging its duties or performing its functions under the Act.

Accordingly, CCI has entered into the following six MoUs:

1. Federal Trade Commission (FTC) and Department of Justice (DOJ), USA
2. Director General Competition, European Union
3. Federal Antimonopoly Service, Russia
4. Australian Competition and Consumer Commission and
5. Competition Bureau, Canada and
6. BRICS Competition Authorities.

The present proposal relates to signing of a similar MOU between CCI and CADE.

• ITAT allows exemption of Rs. 25 lakhs u/s 10(10A) to non-government employees
• PCIT has revisionary jurisdiction u/s 263 over the cases passed by the NFAC or the JAO
• Appellate court interfering with MACT finding must undertake reappreciation of evidence
• When delay is not huge & involves huge monetary liability, lenient approach to be taken
• EoGM of company can not ratify diversion of fund raised by preferential issue – SC