• Research/Scholar Paper name – Investigation Procedure under The Competition Law with Special Reference to Powers of CCI And DG
  • Author: Ambika Saksena
  • Institution: Advocate, LL.M from Rajiv Gandhi National University of Law, Patiala
  • Affiliation: Centre for Study of Contemporary Legal Issues
  • Date of Publication: 14/09/2021

Abstract:

The intention behind the enactment of Competition Act 2002 is to provide equal playground to the players to play in the market. Under the said Act to achieve the above-mentioned purpose an investigating Body Competition Commission of India was established with the crucial power to investigate the alleged illegal activities having AAEC (Appreciable Adverse Effect on Competition). The Union Government appoints Director General to provide assistance to CCI in conducting investigation in the said anti-trust practices.

However, there is always been a controversial issue about how wide the powers of the Director General are in providing aid to the Commission under the said Act. The judgement in the Excel Case by the Apex Court of this country and the various interpretation made by the Apex Court of the States has increased the scope of the investigative power of the Director General because if restrictive interpretation is there then the very purpose of the Investigation against anti- competitive practises would fail if a limit is put on such Powers of the DG.

Still the power of DG is as yet limited by the language in which the CCI direct the manner of investigation and assure that the DG doesn’t have free powers to convey out inquiry requests against irrelevant individuals, enterprises etc.

Investigation Procedure under The Competition Law with Special Reference to Powers of CCI And DG

Leave a Reply

Your email address will not be published. Required fields are marked *