New Delhi, Feb 9 The Delhi High Court on Monday sought the stand of the Competition Commission of India on a petition by the Basketball Federation of India against its order directing a probe against the Federation for allegedly abusing its "dominant position" and engaging in anti-competitive activities.
Justice Purushaindra Kumar Kaurav issued notice on the petition as well as the Federation's plea seeking a stay on the order and listed it for hearing on March 10.
Asserting that a "regulator cannot be regulated", senior advocate Vaibhav Gaggar, who appeared for the petitioner, said the Federation was a national sports federation and the CCI acted outside its jurisdiction when it passed the order directing investigation by the Director General on November 25, 2025.
He sought a stay on the operation of the order, claiming it has "global ramifications".
The CCI acted in the matter following a complaint by Elite Pro Basketball Private Limited (EPBL). It took cognisance of the "information", dated March 11, 2024, on August 21, 2025.
The informant alleged that the Federation's "refusal to deal/denial of market access" and "restraint on players" from participating in un-affiliated competitions was in contravention of the Competition Act.
In the petition, the Federation said in 2022, the EPBL had shown interest in becoming the organising partner of a professional basketball league at the initial stage.
It, however, neither provided the requested roadmap nor participated in the tender process despite specific invitation, and the Federation was duty-bound to find another organising partner for the league, the plea added.
The plea further stated that the Federation acted as a regulator when it dealt with EPBL's request for affiliation/recognition and cautioned players against participation in unrecognised competitions, and the CCI cannot act like a "super-regulator" in this matter.
"The process to find organising partners through competitive and transparent bidding process and generate finances for the cause of the sport falls in realm of policy/ regulatory decisions and not an economic activity to attract the provisions of the Competition Act," the petition said.
"Warning players against participation in un-recognised leagues is a regulatory and a policy decision and does not amount to anti-competitive exclusive distribution agreement or restraint on services of players amounting to abuse of dominance," it added.
The petition submitted that the CCI has erroneously held that a prima facie case of alleged contravention of section 3 & 4 of the Competition Act was made out in this case, and thus, directed investigation by the Director General.
