The Hindu Business Line : Cabinet approves changes in Competition Act

THE Competition Commission of India (CCI) may soon become a reality with the proposed amendments to the Competition Act, 2002 clearing one more hurdle.

The Union Cabinet on Wednesday gave its nod to the amendments proposed by the Group of Ministers (GoM) headed by the Union Finance Minister, Mr P. Chidambaram, which included reconstitution of the selection committee for appointment of members and the Chairman of the Commission.

According to the proposed amendment, the judiciary is likely to be given an upper hand in the selection committee by way of having more representation. The GoM has, however, decided against reserving the CCI Chairman's job for a judge.

It may be recalled that the amendments were proposed in the wake of a petition challenging the appointment of a bureaucrat to head the Commission.

The Government had appointed the Commerce Secretary, Mr Dipak Chatterjee, as Chairman, and the former Secretary, Department of Company Affairs, Mr Vinod Dhall, as Member (Administration) of the Commission.

Official sources, however, remained non-committal on the fate of these appointments in view of the proposal to reconstitute the selection committee.

The other amendments to the Act include changes in Section 39 of the Act, which currently stipulates that any order passed by the Commission will have the same weight as a High Court decree.

Moreover, if the Commission is not able to execute the order, then it can direct the court to do so.

This provision had earned the ire of the Supreme Court, which took strong exception as it said that a body headed by a bureaucrat cannot instruct a Court.

Further, the provision dealing with powers to punish non-compliance of the Commission's orders is also being amended. Currently, the Act provides the Commission with such powers.

The Government has also proposed to set up an appellate tribunal for competition to be headed by a Supreme Court or a High Court judge, and will have the authority to decide on appeals regarding violation of the provisions of the Competition Act, 2002.

The Supreme Court will hear appeals against the tribunal's orders.

More Stories on : Courts/Legal Issues | Policy

Article E-Mail :: Comment :: Syndication :: Printer Friendly Page

Stories in this Section
Cabinet approves changes in Competition Act

Centre says BCCI is a `state'

World economy to witness strongest year of growth: IMF outlook

Oil cos' subsidy burden may double in Q2 — ONGC, GAIL, OIL to bear Rs 2,300 cr

CCEA defers decision on investment panel — Kahalgaon transmission stage-2 project gets nod

Want groceries? Go to the post office

Indices bounce back sharply

Group of Ministers to review print media policy

Govt eases FDI approval norms

CLB vacates its order on BPL Communications