In its 24 March 2018 judgment in Competition Commission of India v Oriental Rubber Industries Pvt Ltd, the Division Bench of the Delhi High Court upheld the right of a person summoned by the director general to be accompanied and represented by counsel.

However, the high court restricted the single bench's scope and directed the director general to ensure that "the counsel does not sit in front of the witness but is some distance away and the witness should be not able to confer or consult her or him".

The Competition Commission of India has raised concerns that permitting the active participation of counsel during depositions may not be conducive to the public interest at large.

For further information on this topic please contact MM Sharma at Vaish Associates by telephone (+91 11 4249 2525) or email (mmsharma@vaishlaw.com). The Vaish Associates website can be accessed at www.vaishlaw.com.

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