Investigation by Director General under the Competition Act, 2002: Issues and Challenges

‘Investigation’ is considered as a key element of enforcement of provisions of any legislation. In India, the Competition Commission of India (herein after referred to as Commission) has been entrusted with the task of enforcing the provisions of the Competition Act, 2002 through its investigative arm- the office of Director General. Thus, Director General has an integral role to play in the enforcement of the provisions of the Competition Act, 2002. In other words, enforcement of the provisions of the Competition Act, 2002 by the Commission is dependent upon the proper functioning of the office of the Director General. No doubt, the Act vests the Director General with the power to assist the Commission in investigating into any contravention of the provisions of this Act. However, there exist various challenges against the nature, scope and jurisdiction of the powers of the Director General. This research paper attempts to examine the challenges raised against the nature, scope and jurisdiction of the powers of the Director General.