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CS Executive · Economic, Commercial and Intellectual Property Laws · Competition Law

After hearing the parties in an appeal filed by Kavya Traders against a Competition Commission order, the Appellate Tribunal disagrees with part of the order. Which course is open to the Tribunal under the Act?

The Appellate Tribunal can confirm, modify or set aside the Commission's direction, decision or order after giving the parties an opportunity of being heard. Modification is expressly permitted, so it is not limited to either upholding or quashing the order entirely.

  1. AOnly to confirm or to set aside the order, without modifying it
  2. BOnly to remit the matter to the Central Government
  3. CTo pass orders confirming, modifying or setting aside the order appealed againstCorrect
  4. DTo impose the penalty for contempt on the Commission

Explanation

Section 53B(3) lets the Tribunal, after hearing the parties, pass such orders as it thinks fit, confirming, modifying or setting aside the direction, decision or order. Option A wrongly excludes modification.

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