Doom Infratech Limited, a public company engaged in infrastructure development and construction of large public projects, has recently been facing severe financial difficulties due to project delays, escalating operation

Sections 35 of the Competition Act, 2002 authorises Company Secretaries in practice to appear before Competition Commission of India. Besides, there are a number of concepts and terms such as value of assets, turnover, determination of market, relevant market, geographic market which require active professional involvement and advice. Further, Competition Act, 2002 provides a number of factors to be considered by the Competition Commission of India in determining appreciable adverse effect on competition. The Competition Act, 2002 is the primary legislation governing competition law in India. The Competition Commission of India (CCI) is the regulatory body responsible for enforcing competition law in India. The CCI has the power to investigate, regulate, and take enforcement action against companies, intermediaries, and individuals engaged in anti-competitive practices. In this context, the Competition Act, 2002 provides for various provisions related to appearance before the CCI. Some of the key provisions related to appearance under the Competition Act, 2002 are as follows: Appearance before the CCI in complaint and information matters The CCI has the power to initiate investigations into anti-competitive practices based on complaints or information received from various sources. In this context, the CCI may issue notices and require parties to appear before it to provide evidence and arguments in connection with such investigations. Appearance before the CCI in combination matters The CCI has the power to review mergers, acquisitions, and other forms of combinations that may have an adverse effect on competition in India. In this context, the CCI may require parties to appear before it to provide evidence and arguments in connection with such reviews. Appearance before the CCI in appeal and review matters The Competition Act, 2002 provides for appeals against CCI's orders to the National Company Law Appellate Tribunal (NCLAT) and to the Supreme Court. In this context, parties may be required to appear before the NCLAT or the Supreme Court to provide evidence and arguments in connection with such appeals. Appearance before the CCI in leniency matters The Competition Act, 2002 provides for a leniency program to encourage companies and individuals to come forward and disclose anti-competitive practices. In this context, parties seeking leniency may be required to appear before the CCI to provide evidence and arguments in connection with such disclosures. Under the Competition Act, 2002, parties may be required to appear before the CCI in various proceedings related to the regulation of competition in India. It is important to comply with these requirements and to seek legal advice and representation as necessary to protect one's rights and interests. Company Secretary as an expert According to section 35(2) of the Competition Act, 2002, a party may call upon experts from the fields of economics, commerce, international trade or from any other discipline to provide an expert opinion in connection with any matter related to a case. A CS is a competent professional that may give advices to the parties under section 35(2) on calling upon by any party. An authorization for appearance before the Competition Commission of India is a crucial legal document that empowers a Company Secretary to represent the company. It ensures validity of representation, procedural compliance, and binding effect of actions, thereby playing a vital role in effective advocacy and protection of the company's interests.