NCLAT Sets Aside the CCI Order in the TNPPA Matter

The NCLAT by its order dated 21.01.2026, in Competition (AT) Appeal No. 5 of 2021, has set aside the CCI order and remanded it back to consider it afresh. This case pertains to abuse of dominant position in the relevant market by a terminal operator at Kamarajar port, which indulged in imposition of certain charges on the users of its coal terminal in the name of coordination and Liaisoning charges. Such charges were not authorised and were illegal.   

Tamil Nadu Power Producers’ Association, an association of thermal power producers based near Chennai, had filed this complaint before the CCI in 2015 against Chettinad International Coal Terminal Pvt Ltd, now Ennore Coal Terminal Pvt Ltd. Prima facie satisfied regarding infringement of Section 4 of the Competition Act, the CCI ordered the DG to investigate and furnish its findings.  

Upon investigation, the DG recommended closure as it did not find any contravention.   

The complainant TNPPA represented against the DG’s findings, based on which the CCI ordered supplementary investigation. In the second investigation report, the DG reversed the findings made in the first Report and found the charged party guilty of infringement. However, after considering both the Reports and the submissions made before it, the CCI ordered for closure of the case. 

Aggrieved, the complainant TNPPA filed the appeal before NCLAT. The appeal has now been allowed and the matter remanded back to the CCI for deciding it afresh in accordance with law after providing an opportunity of being heard to the parties including all fresh evidence. It also held that the CCI, if so think in the interest of justice, may also order for further investigation to be done by the DG. It has also directed the parties to appear before the CCI on 09.02.2026.   

Advocates Subodh Prasad Deo, Dr. V. K Aggarwal and Vaibhav Prasad Deo argued for the Appellants.  

Advocates Avishkar Singhvi, Vivek Kr. Singh and Divya Prabha Singh appeared for the CCI. 

Advocates Sanjay Kapur, Surya Prakash, Abhishek Tiwari and Anuraj Mishra represented Kamarajar Port Ltd.  

Senior advocate A.N. Haksar with advocates Udayan Jain, Harsh Jaiswal, Geetika Vyas and Mr Ranjan Mishra argued for Ennore Coal Terminal Pvt. Ltd.