Published on : 23 Sep 2025, 11:44 am 2 min read

The National Company Law Appellate Tribunal (NCLAT) has ruled that competition law cannot be invoked to challenge government policy decisions on atomic minerals [ Beach Minerals Producers Association v. Government of India].

A coram of Justice (retd) Yogesh Khanna (Judicial Member) and Ajai Das Mehrotra (Technical Member) dismissed an appeal against a 2019 order of the Competition Commission of India (CCI) that had closed a complaint concerning export restrictions on beach sand minerals (BSMs). The Tribunal held,

“Section 2(h) clarifies that ‘enterprise’ does not include any activity of the government relatable to sovereign functions, including all activities carried on by the Central Government dealing with atomic energy.”

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