Further, appearing for Facebook, senior advocate Mukul Rohatgi questioned the CCI’s jurisdiction in initiating an enquiry while exercising suo moto powers, according to Live Law.
“Suo moto Jurisdiction is to be sparingly exercised by a body like CCI. The Supreme Court is already examining the 2016 policy. There are three matters pending in the Delhi HC. The question is even assuming there is suo moto Jurisdiction, can it be exercised when superior constitutional courts are examining the policy?” he asked.
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The court has adjourned the hearing till July 30.
CCI’s probe into the new policy was ordered following a prima facie observation that it violates the Competition Act, 2000 – especially in regards to its terms on sharing personalised data with Facebook. The agency had then called the terms “neither fully transparent nor based on the specific, voluntary consent of users”.