
The government today introduced the Competition Amendment Bill 2006 in the Lok Sabha, paving way for setting up of the much-touted powerful regulator of markets8212;the Competition Commission of India CCI.
The proposed amendment would lead to commencement of the Competition Act 2003 and dissolution of the Monopolies 038; Restrictive Trade Practices Commission .
The CCI is now a fledgling body with no teeth as the Act has not become law. Implementation of the Act was stuck due to the Supreme Court stay on judicial functioning of the Commission in October 2003.
Official sources said that as directed by the SC, the Commission would now be a body of 2-7 members sans judicial members and decision-making through benches. There would, however, be an appellate tribunal with quasi-judicial powers which would hear appeals against the CCI orders.
The proposed amendments would allow sectoral regulators to consult the CCI suo motu on issues of competition, the sources added.
As per the proposals, the chairman and members of the CCI would be experts. A committee headed by the Chief Justice of India or his nominee would select the chairman and the members.
CCI would not adjudicate on disputes between two or more parties but would be competent to pass orders, including cease and desist orders. It would have the power to impose monetary penalties. The commission would work as a collegium and its decisions would be based on simple majority.
The orders of the CCI would be appealable before the Competition Appellate Tribunal CAT, which would be a three-member quasi-judicial body. Appeals against the orders of the CAT would lie to the SC.