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Section 16 of the Competition Act, 2002

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 places.

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.

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