Competition Commission of India is an authorized body who is empowered to
enforce the Competitions Law 2002 throughout the country. It was the brainchild
of the Vajpayee led Government and was endeavored to realize the philosophy in
modern competition laws to eradicate anti-competitive agreements and misuse of
dominant positions by the enterprise. The act also works to regulate the
acquisition, efforts to acquire control, and the Merger and acquisition attempts
for an appreciable adverse effect on the competition in India.
The objective of Competition Act was to exercise control over the practices in
competitions which have an adverse effect on the competition in markets of
India. The commission also targets the introduction of a healthy measure for
promotion and sustenance of the competition and it largely targets to protect
the interests of the consumers and give them fair trade practices in their due
Section 16 of the Competitions Acat, 2002:
Section 16(1) of the Competition Act, 2002, relates to the appointment of the
Director General for assisting the Commission to conduct any sort of enquiry
pertaining to the contravention of any of the provisions of this Act and to
perform any other such functions as provided under the Competition Act, 2002.
Section 16 of the Competition Act, 2002 is pertaining to the appointment of the
Director General. This can be done by a notification by Central Government for
the appointment of a Director General for assisting the Commission to conduct
any inquiry for the contravention of any of the provisions as provided in the
Competition Act, 2002.
The number of other Additional, Joint, Deputy, and/or Assistant Director General
in this manner shall be appointed as prescribed in the Competition Act, 2002.
Every Additional, Joint, Deputy, Assistant Directors General shall exercise his
power and discharge his functions under the supervisions and control of the
Director General and shall work under his direction.
The salary, allowances and other terms and conditions of the services of the
Director General and other officers under him shall be as prescribed by the
Central Government under the provisions of the Competition Act, 2002.
The Director General and Additional, Joint, Deputy, Assistant Directors shall be
appointed from amongst the person of integrity and outstanding ability and who
have experience in investigation,knowledge of accountancy, management, business,
public administration, international trade, law or economics and such other
qualifications as prescribed.
Duties of the Director General
The Director General shall assist the Commission, when so directed by the
Commission, in investigation of any contravention of provisions as set by the
Competition Act, 2002 or any of its rules and regulations.
The Director General have all the powers as are conferred upon the Commission
under sub section (2) of section 36 of the Act.
Without any prejudice towards the provisions of sub section (2), sections 240
and 240A of the Companies Act, 1956, shall apply to an investigation made by the
Director General or any other person investigating under his authority in same
manner as they apply to an inspector appointed under the Companies Act
1956.[Relevant provisions of 1956 have been omitted.