Discuss the functions and powers of Director-General under the Competition Act, 2002.
CS Executive · Economic, Business and Commercial Laws · PYQS · December 2020
Discuss the functions and powers of Director-General under the Competition Act, 2002.
Answer & Explanation:
The Competition Act provides that the Director General when so directed by the Competition Commission of India, is to assist the Commission in investigation into any contravention of the provisions of the Act. The Director General is bound to comply with such a direction to render requisite assistance to the Commission. The Director General, in order to effectively discharge his functions, has been given the same powers as are conferred upon the Commission under section 36(2). Under section 36(2) the Commission is having same powers as are vested in Civil Court under the Code of Civil Procedure 1908 while trying a suit, in respect of the following matters, namely; summoning and enforcing the attendance of any person and examining him on oath; requiring the discovery and production of documents; receiving evidence on affidavits; issuing commissions for the examination of witnesses or documents; subject to the provisions of Sections 123 and 124 of the Indian Evidence Act, 1872, requisitioning any public record or document or copy of such record or document from any office; the power inter-alia includes search and seizure of the record of any person in respect of which an investigation has been directed by the Commission.
Topics: Competition Act, 2002
Related Questions in this Topic
- Discuss the power of the Competition Commission of India to impose lesser penalty under the Competition Act, 2002.
- Discuss the duties of the Director General as per the Competition Act, 2002.
- Explain the provisions of Section 42A of the Competition Act, 2002 regarding Compensation in case of Contravention of or...
- 'Bid rigging is Anti-Competitive'. Explain the above statement in the context of the Competition Act, 2002.
- State the duties of Competition Commission of India under Section 18 of the Competition Act, 2002.