Delhi High court stated that the Competition Commission of India (CCI) Director General's investigation report, is neither conclusive nor determinative because the Commission is ultimately responsible for considering all factors, including any opinions that may be presented to it, before making final decisions.
In the instant case titled Builders Association of India v. CCI, the issue raised before the Delhi High Court was:
Why did the Commission deny the association's request to be used as an informant in a legal proceeding?
With regard to the issue, the court held that the Director General had already filed a report following the investigation's conclusion, and the Commission was supposed to take it up for consideration on September 28’2022. In this context, it is clear that the petitioner's request, insofar as it intended to be pled in the inquiry proceedings, has been rendered infructuous.
Additionally, it was noted that the petitioner association could not legitimately assert that it had a direct stake in the investigation, particularly given that it had simply functioned as an informant.
The Competition Commission of India (General) Regulations, 2009, Regulation 25 of which gives the CCI the authority to permit a person or firm to participate in proceedings, was also cited by the court.
The Court noted that the association would be free to apply to CCI in accordance with the aforementioned regulation and request a right to address submissions, as well as to address a prayer for receiving a copy of the investigation report or its extracts.
The court categorically stated that,
“Ultimately the interest of bodies like the present petitioner is limited to providing inputs and information to the Commission which may enable it to come to a just conclusion. Since that right is still available to be exercised, the Court finds no justification to issue any peremptory directions except to observe that it would be open to the petitioner to move the Commission under Regulation 25 and to address all issues before the said body.”
Hence, the court dismissed the plea and freed the group to submit an application to the Commission before September 28. The Commission has been requested to take the same into account in compliance with the law.