Skip to content

CS Executive · Economic, Commercial and Intellectual Property Laws · Competition Law

During an inquiry into alleged cartelisation among cement dealers, the Commission wants Mr. Verma, a trader, to appear and give a statement on oath, and to submit his sales ledgers. Which statement correctly describes the Commission's power under the Competition Act, 2002?

The Commission has the same powers as a Civil Court under the Code of Civil Procedure, 1908, while trying a suit. These include summoning and examining a person on oath and requiring discovery and production of documents, so it needs neither a civil suit nor Central Government permission.

  1. AIt must file a suit in a civil court to compel his attendance
  2. BIt has the same powers as a Civil Court under the Code of Civil Procedure, 1908, for summoning persons, examining them on oath and requiring discovery and production of documentsCorrect
  3. CIt can summon him but cannot require production of documents
  4. DIt can examine him on oath only after the Central Government permits

Explanation

Section 36(2) vests in the Commission, for discharging its functions, the same powers as a Civil Court under the CPC while trying a suit. These include summoning and enforcing attendance, examining on oath, and requiring discovery and production of documents. Option C is wrong because document production is expressly included.

Did you get it right without looking?

One question tells you little. A timed set on Competition Law shows your real accuracy, how long you take and where you lose marks.

Practise Competition LawFree diagnostic mock

More Competition Law questions