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

Ms. Kavita Rao is being considered for appointment as a Member of the CCI. She has 12 years of experience in competition law and policy and is otherwise a person of ability, integrity and standing. Is she eligible?

She is not eligible, because the Act requires special knowledge and professional experience of not less than fifteen years in the listed fields, including competition law and policy. Twelve years is short of that minimum, and a committee recommendation cannot waive it.

  1. AYes, because competition law experience of 10 years suffices
  2. BNo, because the Act requires professional experience of not less than fifteen yearsCorrect
  3. CYes, if the Selection Committee nominates her unanimously
  4. DNo, because only retired judges can be Members

Explanation

A Chairperson or Member must have special knowledge of, and professional experience of not less than fifteen years in, the listed fields, including competition matters. Twelve years falls short. Unanimity of the Selection Committee cannot override the statutory minimum.

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