Govt may remove CCI benches

Company affairs ministry to amend competition act

The Competition Commission of India (CCI) may end up not having a pan-India presence as the government plans to do away with the concept of having benches across the country.

With the company affairs ministry framing its views on the proposed amendments to the Competition Act, the ball is again rolling on getting the competition authority going.

"In view of the reservation on the benches as they might convey a feeling that the commission is a judicial authority, the ministry has decided not have benches across the country," a company affairs ministry official said.

While sticking to its stand that the chairman of the commission should be an expert in competition related matter, the ministry has proposed to set up a Competition Tribunal to hear appeals against the commission.

But a three way split as envisaged in the Supreme Court order is unlikely to come through.

The Supreme Court in its order in Brahm Dutt vs Union of India had observed that if a expert body is to be created as submitted on behalf of the government it might be appropriate for it to create two separate bodies, one with expertise that is advisory and regulatory and the other adjudicatory.

This, followed by an appellate body, can go a long way in meeting the challenge sought to be raised in the writ petition.

With the proposed changes, the government is attempting to retain the CCI as an expert body and yet not run into trouble with the apex court at a later stage.

"A tribunal would be created as stated in the affidavit filed before the Supreme Court. The tribunal would take up appeals against the order of the apex court," the official said.