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Arth Doshi

As seen in: Wolters Kluwer, Mondaq
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Articles

No Déjà Vu: How Section 26(2A) Reinvents Res Judicata In Indian Competition Law

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By Kirthi Srinivas, Anmol Awasthi, Arth Doshi
| Mondaq
AP AZB & Partners More AZB & Partners is one of India's premier law firms with 500+ lawyers and offices across the country. The firm was founded in 2004 with a clear purpose to provide reliable, practical and full–service advice to clients, across all sectors. Having grown steadily since its inception, AZB & Partners now has offices across Mumbai, Delhi, Bangalore, Pune and Chennai. We are recognized by most international publications for our legal expertise.
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No Déjà Vu: How Section 26(2A) Reinvents Res Judicata in Indian Competition Law

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By Kirthi Srinivas, Anmol Awasthi, Arth Doshi
| Wolters Kluwer
Section 26 (2A) of the Competition Act, 2002 (Competition Act) codifies the principle of res judicata, and states that “the Commission may not inquire into an agreement referred to in Section 3 or conduct of an enterprise or group under Section 4, if the same or substantially the same facts and issues has already been decided by the Commission in its previous order.” (emphasis added) This article explores the scope of Section 26(2A).
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