Soon, ports sector to have

CCI-like body to settle disputes

Bench to exercise Competition Act and in adjudic- which the Competition Com-
ation of these matters shall mission of India has the power
powers similar have the same powers vested in to pass or impose under the
to a civil court the Competition Commission Competition Act, 2002, it says.
of India under the Competition Every order passed by the
̥P MANOJ Act,” according to the draft Bill. Bench shall be final and shall
Mumbai, December 13 not be called in question in any
The ports sector will have an ex- Relief & compensation suit, application, execution or
clusive Competition Commis- petitive practices or an abuse of The Bench can pass an order to other proceedings and no in-
sion-like set-up to adjudicate on a dominant position at sched- provide relief including refund, junction shall be granted by any
disputes and complaints, ac- uled ports and pass an order restitution or compensation for court or other authority in re-
cording to the Indian Ports Bill prior to or upon merger. any loss or damage or injury spect of any action taken or in-
drafted by the Ministry of Ports, “The Bench shall determine caused to the aggrieved person tended to be taken in pursu-
Shipping and Waterways. matters in accordance with the or complainant and pass an or- ance of any power conferred by
Disputes will be decided by a provisions contained in the der or impose any such penalty or under the Act.
Bench comprising the Member
(Legal) of the Maritime Port
Regulatory Authority — a cent-
ral regulatory agency — and one
or more members nominated
by its Chairperson or the Chair-
person himself. If the members
of the Bench differ on any point
or points, those will be referred
to a full-time member of the Au-
thority other than a member of
the Bench, for a decision.
The Bench will exercise juris-
diction, powers and authority
similar to a civil court. It will ad-
judicate complaints raised by
an aggrieved person or refer-
ence made by the Central or
State Government or State Mari-
time Board, concerning alleged
anti-competitive practices or
abuse of a dominant position at
scheduled ports.

Adjudication on port charges

It will also adjudicate com-
plaints related to port charges
levied by scheduled ports, and
whether those charges are in vi-
olation of the Act or amount to
or evidence an anti-competitive
practice or an abuse of a domin-
ant position.
Complaints involving a ship-
ping line and a terminal oper-
ator, between two port service
providers or between two ter-
minal operators in the same
port or in a nearby port, which
is causing or likely to cause an
appreciable adverse effect on
competition within the relev-
ant market in India will be adju-
dicated by the Bench. It will also
address disputes of anti-com-