Should Competition Commission hear parties before investigating?

NEW DELHI: The Competition Commission, an improved successor to the Monopolies and Restrictive Trade Practices Commission, on Wednesday sought the Supreme Court's intervention to maintain the sanctity of its statutory mandate -- probe market manipulation tactics of companies.
Through Solicitor General Gopal Subramaniam, the commission told a Bench comprising Chief Justice S H Kapadia and Justices K S Radhakrishnan and Swatanter Kumar that a recent order of the Competition Appellate Tribunal had virtually nullified the mandate by holding that the commission must hear the party before launching an investigation into its alleged anti-trust act.
"If this dictat was to be followed then the commission would become meaningless as the regulator was set up to investigate and act with utmost expedition into any act that had an adverse impact on the market. The core object was that the commission would move swiftly, investigate and prevent adverse impact. If that is prevented, then it could have serious impact on the market and investors," Subramaniam said.
The Bench wanted to know whether there were similar provisions under the anti-dumping law and other legislations enacted by Parliament. It told the SG to give a detailed written submission on the legal issue and posted the matter for hearing on July 22 for the purpose of laying down the general principles relating to the scope and object of investigation by the Competition Commission.