Such a power has to be exercised on the well recognized parameters of the power of review / recall and without lengthy arguments and without the investigation already ordered being stalled indefinitely. In fact, it is up to the CCI to also upon being so called upon to recall / review its order under Section 26(1) of the Act to decide whether to, pending the said decision, stall the investigation or not, as observed hereinabove also. The jurisdiction of review / recall would be exercised only if without entering into any factual controversy, CCI finds no merit in the complaint / reference on which investigation had been ordered. The application for review / recall of the order under Section 26(1) of the Act is not to become the Section 26(8) stage of the Act.
We therefore answer the question framed hereinabove for adjudication in affirmative and hold that respondent No.1 CCI has the power to recall / review the order under Section 26(1) of the Act but within the parameters and subject to the restrictions discussed above.
Delhi High Court
Google Inc. & Ors vs Competition Commission Of India & ... on 27 April, 2015
