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

Meera Cements Ltd is defending a case alleging abuse of dominance. Its counsel wants an economist to give an expert opinion on relevant market definition. Under Section 35 of the Competition Act, 2002, which statement is correct?

A party may call upon experts from economics, commerce, international trade or any other discipline to give an expert opinion connected with the case. Section 35(2) provides this without prejudice to the right to appear through the representatives listed in sub-section (1).

  1. AA party may call upon experts from economics, commerce, international trade or any other discipline to give an expert opinion on a matter related to the caseCorrect
  2. BOnly the Commission may summon economists; a party cannot call experts
  3. CExperts may be called only from the fields of law and accountancy
  4. DAn expert may present the party's case in place of an authorised representative

Explanation

Section 35(2), inserted in 2023, says that without prejudice to sub-section (1) a party may call upon experts from economics, commerce, international trade or any other discipline to provide an expert opinion on a matter related to the case. It supplements, and does not replace, the representatives under sub-section (1).

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