The HC had reserved its order in this matter on Monday.
The Delhi High Court refused to suspend the opinion issued by the Indian Competition Commission (ICC) to WhatsApp and its parent company Facebook to obtain certain information regarding its investigation into the platform’s new privacy policy. messaging.
The HC had reserved its order in this matter on Monday.
The division bench comprising Justices Anup Jairam Bhambhani and Jasmeet Singh, while declining to intervene at this point, said there is no doubt that the publication of the disputed opinion by the Director General of the Inquiry of CCI is a step in the continuation of the investigation begun in the suo motu case, in which the investigation is the subject of a challenge on appeal. “… We do not consider it appropriate to suspend the application of the disputed opinion of June 4, 2021 at this stage…”, declared the HC.
However, he urged “the DG, CCI to keep in mind that the investigation against the appellant is under judicial review before a division chamber of this court” and that the case would be taken by the chamber. regular on July 9.
The Holiday Bank also noted that the position taken by Additional Solicitor General Aman Lekhi that the issuance of a notice on June 4 was fully in line with the process contemplated by the law to advance an ongoing investigation. “The opinion was not suspended by the division chamber and the preparation of a report would take a considerable time following receipt of the information requested by the contested opinion; which report would then be sent to the ICC, ”said the ASG, adding that the preparation of the report would not be completed at least before the next hearing date before the regular formation on July 9.
“The High Court appears to be taking a balanced approach in this case. While on the one hand, the HC was not persuaded by the petitioners to request a suspension of the provision of information to the DG, the High Court also asked the DG to keep in mind that the matter is to be considered. the study by the HC. At this point, it looks like WhatsApp will have to cooperate with the DG investigation. However, the order appears to imply that some protection has been extended to Facebook / Whatsapp with regard to any coercive action by the ICC / DG until the next court date, ”said Charanya Lakshmikumaran, partner, Lakshmikumaran & Sridharan Attorneys.
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