CS Professional · Drafting, Pleadings and Appearances · Appearance before other Regulatory and Quasi-judicial Authorities
In a case before the CCI, Veda Cements Ltd wants an economist to give an expert opinion on the relevant market. Which statement is correct under section 35 of the Competition Act, 2002, as amended in 2023?
A party may call upon experts from economics, commerce, international trade or any other discipline to give an expert opinion on a matter related to its case. This is provided in section 35(2) of the Competition Act, inserted by the 2023 amendment, and is not limited to economists.
- AOnly the Director General may call experts, not a party
- BExperts may be called only from economics and not from other disciplines
- CA party may call upon experts from economics, commerce, international trade or any other discipline to give an opinion on a matter related to the caseCorrect
- DExpert opinion is allowed only if the Commission obtains it of its own motion
Explanation
Section 35(2), inserted by the 2023 amendment, says that without prejudice to sub-section (1) a party may call upon experts from economics, commerce, international trade or any other discipline for an expert opinion on any related matter. It is not limited to economics and is not restricted to the Director General or to the Commission's own initiative.
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