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2019 (9) TMI 568 - HC - Indian LawsProhibition on anti-competitive agreements - Anti-competitive restrictions - abuse of dominant position - HELD THAT:- Regulations 18 (1) and 20 (4) of the CCI Regulations, require the DG to investigate the matter i.e. the allegations “made in information or reference, as the case may be”, together with all evidence, documents, statements or analysis collected during investigation. The investigation has to be a comprehensive one. The DG may not, in fact, be able to anticipate what information may emerge during such investigation. Merely because the information that emerges does not pertain to the specific subject matter which the DG has been asked to investigate, would not constrain the DG from examining such information as well if it points to violation of some other provisions of the Act. Indeed, the directions given by the CCI to the DG under Section 26 (1) of the Act is only to ‘trigger’ investigation. In the present case, the Court finds that while the information with the CCI did pertain to the alleged violation by GIL and others under Section 3(3) (a) and (b) of the Act, the direction given to the DG was to investigate ‘the matter’, and this enabled the DG to examine violations not only of under Section 3 of the Act, but any other violation that may have come to his notice while undertaking the investigation. An order of the CCI under Section 26 (1) of the Act ‘triggers’ investigation by the DG, and that the powers of the DG are not necessarily circumscribed to examine only such matters that formed the subject matter of the original complaint. No doubt, the language of the order passed by the CCI issuing directions to the DG will also have a bearing on the scope of such investigation by the DG. In the present case, however, the language of the order passed by the CCI on 26th February, 2011, is broad enough to cover an investigation by the DG into what appeared to be prima facie violation of Section 4 of the Act by GIL. The scope of the powers and functions of the CCI, when it is considering the report of the DG, is a quasi judicial function. It undertakes that exercise after furnishing to the party a copy of the report and then permits the party to make its submissions in relation thereto. This is followed by a full-fledged hearing. At that stage the CCI can in its discretion permit the affected party to lead evidence. Therefore, the scope and extent of participation of GIL in the present case would obviously be different at the stage of investigation before the DG and at the subsequent stage of consideration of the DG’s report by the CCI. This Court sets aside the impugned judgment of the learned Single Judge and restores the order dated 30th May, 2013 passed by the CCI. The matter before the CCI will now proceed from the stage where it was when the above order was passed, in accordance with law - Appeal allowed.
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