Section 26 of CA, 2002 : Section 26: Procedure For Inquiry Under Section 19

Explanation using Example

Imagine a scenario where a small business owner suspects that a large corporation is engaging in anti-competitive practices by entering into exclusive agreements with suppliers, which prevent other businesses from competing effectively. The business owner files a complaint with the Competition Commission of India (CCI) under Section 19 of The Competition Act, 2002.

The CCI, after preliminary review of the complaint, believes there is a prima facie case of potential violation of competition laws. Following Section 26(1), the CCI directs the Director General to investigate the matter.

The Director General conducts a thorough investigation and submits a report indicating that there is indeed evidence of anti-competitive agreements in violation of Section 3 of the Act. As per Section 26(4), the CCI reviews the report and decides that further inquiry is necessary, as outlined in Section 26(5).

After additional investigation and considering all objections or suggestions from the involved parties, the CCI, in line with Section 26(10), concludes that the large corporation has contravened competition laws. The CCI then proceeds with the necessary actions to address the contravention, as per the provisions of The Competition Act, 2002.