THE COMPETITION COMMISSION OF INDIA
New Delhi, the 6th December, 2018
(No. 2 of 2018)
No. L-3(2)/Regln.–Gen. (Amdt.)/2018/CCI.—In exercise of the powers conferred by Section 64 of the Competition Act, 2002 (12 of 2003), the Competition Commission of India hereby makes the following amendment in the Competition Commission of India (General) Regulations, 2009, namely:-
1. Short title and commencement –
(1) These regulations may be called the Competition Commission of India (General) Amendment Regulations, 2018.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In Competition Commission of India (General) Regulations, 2009, after Regulation 46, the following Section shall be inserted, namely:—
“46A. Authorizing an Advocate to accompany any person summoned by the Director General:-
(1) An Advocate may accompany any person summoned by the DG to appear before him, subject to the following conditions, namely –
a) The Advocate shall not be allowed to accompany such person, unless a request in writing accompanied by a Vakalatnama or Power of Attorney is duly submitted to the DG, prior to commencement of the proceedings.
b) The Advocate shall not sit in front of the person so summoned.
c) The Advocate shall not be at a hearing distance and shall not interact, consult, confer or in any manner communicate with the person, during his examination on oath.
2) No misconduct on the part of the Advocate, accompanying the person summoned during continuance of his presence before the DG shall be permitted. In case of any misconduct, the DG for reasons to be recorded in writing shall forward a complaint to the Commission. The Commission, if satisfied with the complaint of the DG, may pass necessary order debarring the Advocate, guilty of misconduct, from appearing in the proceedings before the DG as well as before the Commission in future or till such time as the Commission deems necessary.
3) In the event of the misconduct being committed by any Advocate, the Secretary, if so directed by the Commission, shall forward a complaint to this effect in writing to the Bar Council of the State of which the Advocate is member.
Explanation – For the purposes of this Regulation, the term ‘Misconduct’ shall have the same meaning as assigned to it in explanation to sub-regulation 4 of Regulation 46.”
SMITA JHINGRAN, Secy.
Note: The principal regulations were published in the Gazette of India, Extraordinary, Part III, Section 4 vide Notification No. R-40007/6/ Reg- General/ Noti/ 04- CCI, dated the 22nd day of May, 2009. The regulations were subsequently amended and published in the Gazette of India, Extraordinary, Part III, Section 4 vide notifications No. L-3(2)/ Regln.-Gen. (Arndt.) 2009-10/CCI dated 20th August, 2009; No.L-3(2) Regln.- Gen. (Amdt.)/2009-10/CCI dated 20th October, 2010; No. L-3(2) Regln.-Gen. (Amdt.)/2009-10/CCI dated 4th April, 2011; No. L-3 (2)/Regln.-Gen. (Amdt.)/2011/CCI dated 8th November, 2011 and No. L-3 (2)/RegIn.- Gen.Amdt.)/2013/CCI dated 7th October, 2013