Section 35 of CA, 2002 : Section 35: Appearance Before Commission

Explanation using Example

Imagine a scenario where a small software company, 'Tech Innovators', suspects that a larger competitor is engaging in anti-competitive practices such as price-fixing. 'Tech Innovators' decides to file a complaint with the Competition Commission of India (CCI).

Under Section 35 of The Competition Act, 2002, 'Tech Innovators' can choose to represent themselves before the CCI. However, they decide it would be best to hire a professional. They authorize a chartered accountant who specializes in corporate law to present their case. This accountant is well-versed in the financial aspects of the industry and can provide a detailed analysis of the alleged price-fixing by the competitor.

Additionally, 'Tech Innovators' decides to call upon an expert in economics to provide an in-depth report on how the competitor's practices are affecting market competition and consumer welfare. This expert opinion will help strengthen their case by providing technical analysis of the alleged anti-competitive behavior.

This example shows how a party can utilize the provisions of Section 35 to effectively present their case before the CCI with the help of professionals and experts.