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Industry & Economy - Courts/Legal Issues


Panel to examine changes to Competition law

Our Bureau

New Delhi , Aug. 25

THE Union Cabinet has referred the proposed amendments to the Competition Act to a high-level committee - most likely a Group of Ministers. The amendments were proposed in the wake of a petition challenging the appointment of a bureaucrat to head the Commission.

The provisions likely to be amended include the execution of the Competition Commission of India awards by High Courts or Principal Civil Court provided in Section 39 of the Act. This would also mean that orders given by the Commission would not be treated as a decree of a High Court.

Regarding the issue of who is going to head the Commission, the Ministry of Company Affairs had decided to leave the decision to the Union Cabinet. Even as the Law Ministry is understood to hold a view that a person of judicial background should head the Competition Commission, the Company Affairs Ministry was still open to the option of setting up an Appellate Authority that could be headed by a judge.Further, the provision dealing with powers to punish for non-compliance of the Commission's orders is also being amended. Currently, the Act provides the Commission with such powers.

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