More powers for CCI tribunal

The proposed appellate tribunal, which is supposed to hear appeals against orders passed by the Competition Commission of India (CCI), is likely to directly take up cases which are punishable with imprisonment, and where compensation is involved.

With the current session of Parliament drawing to a close, the company affairs ministry is hoping that the amendments will be introduced in the next session. "The ministry is in the process of preparing the Cabinet note on the matter," an official said.

The move to empower the tribunal to directly take up cases has been proposed in the light of the Supreme Court's order to separate regulatory and adjudicatory functions.

"This might take out the edge of the problem as the Supreme Court sees it," officials said. The ministry had told a parliamentary standing committee on finance that the amendments were proposed keeping in mind the Supreme Court's order in the Brahm Dutt vs Union of India case.

In its proposed amendments, the company affairs ministry has also decided to do away with the concept of benches at the CCI, and has merged the powers of the member administration with those of the chairman of the CCI, who will also be the CEO.

The ministry officials had explained to the standing committee that the matter had come to a head as the Cabinet had laid down certain provisions specifying eligibility qualifications for the post of chairman, which were very general in nature.

"They did not want a judge. But, from the government's point of view, it was felt that the chairperson should be a professional," the officials told the committee.

"The regulators have to both regulate and carry out adjudicatory functions. Even the Monopolistic and Restrictive Trade Practices Commission (MRTPC) has both these functions. That is what has been envisaged in this Act . Nevertheless, with all respect to our judiciary, they raised this question. They said this legislation defaulted in these aspects and the functioning of the adjudicatory wing and the regulatory wing should be separated very clearly," the officials told the committee.