Breaking: CCI files reply in Delhi HC; Madison to file rejoinder as matter listed for 19 Jan
CCI in its reply to Delhi High Court has clarified that the action taken by the regulator was legal and was as per right procedures and protocols.
ADVERTISEMENT
The Delhi High Court on Monday witnessed extended arguments over procedural developments in Madison Communications Pvt. Ltd.’s challenge to an ongoing Competition Commission of India (CCI) investigation, with Justice Sachin Datta ultimately deciding to list the matter on January 19.
During the hearing, Madison informed the court that it had now filed a second writ petition—this one challenging the vires of Sections 46 and 47 of the Competition Act as well as issues relating to initiation of investigation under Section 26. Senior advocate Krishnan Venugopal for Madison submitted that the fresh petition had been mentioned before the Chief Justice and listed before a Division Bench, which on Friday passed interim orders.
A central point of contention on Monday was whether the CCI had agreed—before the Division Bench—to defer issuing summons to Madison officials until after January 8, when the new writ petition is scheduled for hearing.
Madison’s counsel repeatedly stated that the Division Bench had recorded a direction to “defer the summons beyond January 8.” Senior Advocate Jayant Mehta for the CCI, however, clarified that the only statement made was a commitment that no summons would be issued before the next date of hearing before the Division Bench, i.e., January 8.
Justice Datta sought clarity on the interim order passed on Friday, asking whether a copy had been placed on record. The court was informed that the order had not yet been uploaded.
Given the overlap between both petitions and the Division Bench’s pending consideration, Justice Datta noted that it would be appropriate to defer the present matter.
“I will list this after the next date of hearing before the Division Bench,” the judge said, granting Madison time to file its rejoinder in the meantime.
CCI in its reply to Delhi High Court has clarified that the action taken by the regulator was legal and was as per right procedures and protocols.
Madison Communications has mounted a two-pronged legal challenge against the CCI, Madison Seeks to quash the CCI’s prima facie order and the 20-hour search and seizure operation conducted at Madison’s Mumbai office (March 18–19, 2025). Madison argues that the investigation stems from a leniency application alleging a buyers’ cartel by advertisers under the Indian Society of Advertisers (ISA), yet enforcement action was directed disproportionately at advertising agencies.
Madison claims the Directorate General (DG) exceeded its remit and conducted a “fishing and roving inquiry,” while no search was conducted on ISA members even though the alleged Model Agency Agreement (MAA) originated from advertisers.
Challenges the constitutional validity of Sections 46 and 47 and the CCI’s new regulations. The Division Bench—Chief Justice Devendra Upadhyaya and Justice Tushar Gedela—has issued notice to the Union of India and the CCI, directing them to file replies within two weeks. The CCI also undertook not to summon Madison executives until the next hearing on January 8, 2026.
Senior Advocate Krishnan Venugopal appeared for Madison along with Anu Monga and Rahul Goel (AnantLaw).
The High Court will now take up Madison’s first petition after the Division Bench hears the constitutional challenge on 8 January.
