Sections 35-36 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 35 of the Competition Act, 2002 says who may present a case before the Commission: a party or the Director General, in person or through a listed professional or an officer. Section 36 deals with the Commission's own procedure: natural justice, civil court powers for specified matters, experts, and directions to produce documents and information. The Competition (Amendment) Act, 2023 changes Section 35 (the word "party", and a new right to call experts) and leaves Section 36 untouched.
As per the consolidated text of the Act published by the Competition Commission of India (amendments shown up to the Finance Act, 2017), read with the Competition (Amendment) Act, 2023 as published in the Gazette of India on 11 April 2023. A party or the Director General may appear in person or authorise one or more chartered accountants, company secretaries, cost accountants, legal practitioners or any of his or its officers to present the case. A party may also call upon experts to give an expert opinion on any matter related to a case. The Commission is guided by the principles of natural justice and has civil court powers for the matters listed in Section 36(2). The 2023 change applies from the date notified for that provision; the notification is not in the sources consulted and should be checked.
Section 35 after the 2023 Act
The 2023 Act (its Section 25) directs that Section 35 "be numbered as sub-section (1)", that in that sub-section the words "A person or an enterprise" be replaced by "A party", and that a new sub-section (2) be inserted after it.
Section 35(1), as it now reads: "A party or the Director General may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of his or its officers to present his or its case before the Commission."
The consolidated text prints "i ts" with a space in the last "its"; we read it as "its". The word "party" has the meaning in Section 2(ka), inserted in 2023; see our article on Section 2 definitions. That definition includes a consumer, enterprise, person, information provider, consumer or trade association, the Central Government or State Government or statutory authority, and a person against whom an inquiry is instituted or who is impleaded.
Section 35(2), as inserted: "Without prejudice to sub-section (1), a party may call upon experts from the fields of economics, commerce, international trade or from any other discipline to provide an expert opinion in connection with any matter related to a case."
The new sub-section gives a party, not the Commission, the right to call experts. The Commission's own power to call upon experts is in Section 36(3), described below. A legal consultation before the first hearing can help match each person to the issue they will address.
| Point | Before (consolidated text) | After (2023 Act) |
|---|---|---|
| Who may appear | "A person or an enterprise" or the Director General | "A party" or the Director General |
| Sub-section numbering | Single paragraph | Sub-section (1) |
| Experts for a party | Not provided | Sub-section (2) |
| Explanation | (a) to (d) | Not mentioned in the amending clause; stays as printed |
The Explanation
The Explanation, which the 2023 Act does not amend, says "For the purposes of this section": (a) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of Section 2 of the Chartered Accountants Act, 1949 (38 of 1949) who has obtained a certificate of practice under sub-section (1) of Section 6 of that Act; (b) "company secretary" means a company secretary as defined in clause (c) of sub-section (1) of Section 2 of the Company Secretaries Act, 1980 (56 of 1980) who has obtained a certificate of practice under sub-section (1) of Section 6 of that Act; (c) "cost accountant" means a cost accountant as defined in clause (b) of sub-section (1) of Section 2 of the Cost and Works Accountants Act, 1959 (23 of 1959) who has obtained a certificate of practice under sub-section (1) of Section 6 of that Act; and (d) "legal practitioner" means an advocate, vakil or an attorney of any High Court, and includes a pleader in practice. The Acts are quoted as printed; check the current law for the corresponding provision of each.
The Explanation sits after the old single paragraph in the consolidated text. The gazette says the new sub-section is inserted "after sub-section (1)" and does not say where the Explanation is placed relative to it; it applies "for the purposes of this section".
Example. Triveni Cables Ltd receives a notice from the Commission. It authorises its company secretary and an advocate to present its case, and also asks an economist to give an expert opinion on how the market should be defined. The first is within sub-section (1) (company secretaries and legal practitioners, as defined), the second within the new sub-section (2).
A link with Section 12
Section 12 (substituted in 2023) bars former Members, for two years, from taking up employment with or advising any person who appears or has appeared before the Commission "under section 35", and from representing any person or enterprise before the Commission "notwithstanding anything contained in section 35". See our article on Sections 12 to 15. For practical reading, our guide on appearing before the CCI covers a practitioner's view.
Section 36: the Commission's own procedure
Section 36 is printed in the consolidated text in brackets, as substituted in 2007. Its four sub-sections are not amended by the 2023 Act. The consolidated text prints "pro visions" with a space in sub-section (1).
- Section 36(1): "In the discharge of its functions, the Commission shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules made by the Central Government, the Commission shall have the powers to regulate its own procedure."
- Section 36(2): the Commission has, for the purposes of discharging its functions under the Act, "the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters": (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavit; (d) issuing commissions for the examination of witnesses or documents; and (e) requisitioning, subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), any public record or document or copy of such record or document from any office.
- Section 36(3): the Commission "may call upon such experts, from the fields of economics, commerce, accountancy, international trade or from any other discipline as it deems necessary to assist the Commission in the conduct of any inquiry by it."
- Section 36(4): the Commission "may direct any person: (a) to produce before the Director General or the Secretary or an officer authorized by it, such books, or other documents in the custody or under the control of such person so directed as may be specified or described in the direction, being documents relating to any trade, the examination of which may be required for the purposes of this Act; (b) to furnish to the Director General or the Secretary or any other officer authorized by it, as respects the trade or such other information as may be in his possession in relation to the trade carried on by such person, as may be required for the purposes of this Act."
The Code of Civil Procedure, 1908 and the Indian Evidence Act, 1872 are quoted as printed; check the current law for the corresponding provisions. Directions under sub-section (4) matter in practice: a person who is directed to produce documents or furnish information to the Director General should treat the direction as an official step; non-compliance has consequences under Sections 42 and 43, covered in later articles of this series. The consolidated text prints "Secretary" in these sub-sections, in line with Section 17 (see our article on Sections 16 and 17).
Section 37
Section 37 is printed as "Omitted by the Competition (Amendment) Act, 2007 (39 of 2007 with effect from 12th October 2007)". It has no article of its own and we do not describe what it said.
What the 2023 Amendment Act changed
| Section | Before | After |
|---|---|---|
| 35 | One paragraph: "A person or an enterprise" or the Director General | Sub-section (1) with "A party"; new sub-section (2) on experts |
| 35 Explanation | (a) to (d) | Not changed |
| 36(1) to (4) | As printed | Not changed |
| 37 | Omitted in 2007 | Not changed |
For the Director General's powers of investigation, see our article on Section 41, and for the wider process the guide on CCI powers, procedure and enforcement.
Need help choosing a representative or preparing expert evidence?
The right representative and the right expert depend on the stage and the issues. Our team can help you plan appearances and evidence for a Commission matter; begin with a legal consultation.
Key takeaways
- A party or the Director General may appear in person or authorise listed professionals or their own officers to present the case.
- Since the 2023 Act, a party may also call upon experts to provide an expert opinion on any matter related to a case.
- The Commission is guided by the principles of natural justice and has civil court powers for the matters listed in Section 36(2).
- The Commission may direct any person to produce documents or furnish information to the Director General or the Secretary.
- The 2023 change applies from the date notified for that provision; the notification is not in the sources consulted and should be checked.
Read next
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- Rectification of orders and recovery of penalty
- Appearing before the CCI: practice guide
Disclaimer: Based on the consolidated text of the Competition Act, 2002 published by the Competition Commission of India (amendments shown up to the Finance Act, 2017), read with the Competition (Amendment) Act, 2023 as published in the Gazette of India on 11 April 2023, and on the regulations and guidelines of the Commission as notified in 2024, as consulted on 2 October 2026. Commencement notifications, notified thresholds, rules and later amendments should be checked. This article is general information, not legal advice; check the official text before acting.