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

Sagar Cements Ltd faces an inquiry before the Competition Commission involving complex pricing behaviour in a regional market. Its authorised representative wants an economist to give an opinion on market definition. Under Section 35 as amended in 2023, what is the position?

The company may call an economist. Section 35(2) lets a party call upon experts from economics, commerce, international trade or any other discipline to give an expert opinion on a matter related to the case, without government permission or legal qualification.

  1. ANot permitted, because only the Director General may rely on experts
  2. BPermitted only with the prior written permission of the Central Government
  3. CPermitted only if the economist is also an advocate
  4. DA 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

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 matters related to a case. No government permission or legal qualification is needed.

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