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Drafting, Pleadings and Appearances · Appearance before other Regulatory and Quasi-judicial Authorities

Appearance Before the Competition Commission under Section 35

Updated 11 October 2026 · Fact-checked

Section 35 of the Competition Act, 2002 lets a party or the Director General appear before the Commission in person, or authorise chartered accountants, company secretaries, cost accountants, legal practitioners or their own officers to present the case. Professionals must hold a certificate of practice. A party may also call experts.

Understand Appearance before the Competition Commission under Section 35

The Competition Commission of India (CCI) decides matters such as anti-competitive agreements, abuse of dominance and combinations. Parties before it need to present facts and arguments. Section 35 tells you who may do that on their behalf.

The rule is simple. A party or the Director General may appear in person. Or they may authorise one or more representatives to present the case. The listed representatives are chartered accountants, company secretaries, cost accountants, legal practitioners, or any of the party's own officers.

The Explanation to the section defines each professional. A company secretary means one defined in the Company Secretaries Act, 1980 who has obtained a certificate of practice under that Act. The same condition applies to chartered accountants and cost accountants under their own Acts. A legal practitioner means an advocate, vakil or attorney of any High Court, and includes a pleader in practice.

Since 18 May 2023, the section is numbered sub-section (1). The 2023 amendment also replaced the words "a person or an enterprise" with "a party". It added sub-section (2). Without prejudice to sub-section (1), a party may call upon experts from economics, commerce, international trade or any other discipline to give an expert opinion on any matter related to a case.

Do not mix this with Section 53S. That section deals with appearance before the Appellate Tribunal in appeals, and it also lets the Central Government, a State Government, a local authority or an enterprise authorise presenting officers. Section 35 is about the Commission.

Key rules to remember

Who may appear (Section 35(1))
Party or Director General → in person OR authorised CA / CS / CMA / legal practitioner / own officer
Authorisation can be of one or more persons. Authorisation is by the party or the Director General.
Condition for professionals
CA, CS, CMA must hold a certificate of practice under section 6(1) of their respective Act
A CS without a certificate of practice does not fit the definition in the Explanation.
Legal practitioner
Advocate, vakil or attorney of any High Court, including a pleader in practice
Definition in clause (d) of the Explanation.
Expert opinion (Section 35(2))
Party may call experts from economics, commerce, international trade or any other discipline
Inserted by Act 9 of 2023 w.e.f. 18-5-2023. It is without prejudice to sub-section (1).
Commission's procedure (Section 36)
Natural justice + own procedure + civil court powers (summons, documents, affidavit evidence, commissions)
Section 36(3) separately lets the Commission call experts to assist its inquiry.

How to solve Appearance before the Competition Commission under Section 35 questions

Use this method for any question on who can appear before the CCI or how a representative should act.

  1. 1Identify the forum. Confirm it is the Commission (Section 35) and not the Appellate Tribunal (Section 53S).
  2. 2Identify the client. Is it a party or the Director General? Both may appear in person or authorise others.
  3. 3State the rule of Section 35(1) in plain words, listing the five kinds of representatives.
  4. 4Test the representative against the Explanation. Check the certificate of practice for CA, CS and CMA, and the advocate status for a legal practitioner.
  5. 5Apply to the facts. Say whether the proposed person qualifies, and whether the party may use more than one.
  6. 6Add Section 35(2) if the facts mention economists or other experts, and Section 36 if procedure or evidence is raised.
  7. 7Conclude clearly and add practical points: written authorisation, vakalatnama or authority letter, and filing it with the Commission.

Quickest way: Four-line answer frame

When to use it: Short-note or 5-mark questions where time is limited.

  1. Line 1: Section 35(1) rule — party or DG, in person or through authorised representative.
  2. Line 2: List CA, CS, CMA, legal practitioner, own officer.
  3. Line 3: Condition — certificate of practice and the definitions in the Explanation.
  4. Line 4: Section 35(2) experts, and a note that the Appellate Tribunal is governed by Section 53S.

Common mistakes in Appearance before the Competition Commission under Section 35

  • Saying any company secretary can appear before the CCI.

    Students remember the list but skip the Explanation.

    Fix: Add that the CS must hold a certificate of practice under section 6(1) of the Company Secretaries Act, 1980.

  • Writing that only advocates may appear.

    Courts are associated with lawyers.

    Fix: Quote the full list, including CAs, CSs, cost accountants and the party's own officers.

  • Confusing Section 35 with Section 53S.

    Both use almost the same wording.

    Fix: Remember: 35 is the Commission, 53S is the Appellate Tribunal. Section 53S also covers presenting officers for governments and the Commission.

  • Ignoring the 2023 changes.

    Older notes still say "a person or an enterprise" and have no expert clause.

    Fix: Use "a party" and mention the expert provision in Section 35(2), effective 18 May 2023.

  • Treating Section 35(2) experts as representatives who argue the case.

    Both involve outside persons.

    Fix: Experts give an opinion on a matter related to the case. Representatives present the case.

Worked examples

Example 1

Zenith Components Ltd is a party in a matter before the Competition Commission of India. Its board wants Ms Rao, a company secretary, to present its case. Ms Rao is a member of ICSI but has not obtained a certificate of practice. Advise whether she may appear.

Show the solution
  1. Provision: Section 35(1) allows a party to appear in person or authorise company secretaries, among others, to present its case before the Commission.
  2. Analysis: The Explanation defines a company secretary for this section as one who has obtained a certificate of practice under section 6(1) of the Company Secretaries Act, 1980.
  3. Facts: Ms Rao has no certificate of practice, so she does not meet the definition.
  4. Alternative: The company may authorise any of its own officers. If Ms Rao is an employee officer of the company, she could appear in that capacity. Otherwise it may appoint a CS in practice, a CA, a cost accountant or an advocate.

Answer: Ms Rao cannot appear as a company secretary without a certificate of practice. Zenith may authorise a qualifying professional or one of its own officers, or appear through a director in person if it is permitted to do so as a party.

Example 2

In a case before the CCI, Orbit Telecom Ltd wants to authorise a practising CA and an advocate together, and also wants an economist to give an opinion on market definition. Is this permitted under Section 35?

Show the solution
  1. Provision: Section 35(1) permits authorisation of one or more chartered accountants, company secretaries, cost accountants, legal practitioners or officers.
  2. Application: Authorising a practising CA and an advocate together is permitted because the words "one or more" allow more than one representative. The CA must hold a certificate of practice.
  3. Experts: Section 35(2), inserted w.e.f. 18 May 2023, lets a party call upon experts from economics, commerce, international trade or any other discipline to give an expert opinion on any matter related to a case.
  4. Distinction: The economist assists with an opinion. The CA and advocate present the case.
  5. Practical point: Orbit should give written authority to each representative and file it with the Commission.

Answer: Yes. Orbit may authorise both the CA and the advocate under Section 35(1) and may call the economist as an expert under Section 35(2).

Exam tips

  • Write the section number and the forum name in the first line. Examiners look for 35 versus 53S.
  • Always attach the certificate of practice condition when naming CA, CS or CMA.
  • In case-based questions, test each named person against the Explanation before concluding.
  • Mention the 2023 amendment (sub-section (2) and "party") to show current knowledge.
  • Add short drafting points: authority letter, name and membership number of the representative, and the case reference.

Practice questions from Appearance before other Regulatory and Quasi-judicial Authorities

Appearance before the Competition Commission under Section 35 in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Appearance before the Competition Commission under Section 35: frequently asked questions

Can a company secretary appear before the CCI?

Yes, under Section 35(1), if authorised by the party or the Director General. The company secretary must hold a certificate of practice under the Company Secretaries Act, 1980.

Can a party appear before the CCI without a representative?

Yes. Section 35(1) allows a party or the Director General to appear in person.

Can more than one representative be authorised?

Yes. The section says one or more chartered accountants, company secretaries, cost accountants, legal practitioners or officers.

What is the difference between Section 35 and Section 53S?

Section 35 covers appearance before the Commission. Section 53S covers appearance before the Appellate Tribunal, and also lets governments, local authorities, enterprises and the Commission authorise presenting officers.

Can a party bring an economist to the CCI?

Yes. Section 35(2) lets a party call upon experts from economics, commerce, international trade or other disciplines to give an expert opinion on a matter related to the case.