Senior Advocates Sandeep Sethi and Sajan Poovayya appeared for Google and argued that the mandate under the Competition Act is that the quorum shall be three members and not less.
All the questions shall be considered by the Commission on satisfaction of three members, Sethi submitted.
Poovayya, meanwhile, argued that the doctrine of necessity is not an exception to quorum.
“Can we use the doctrine and turn up and say that because civil court is not sitting, the criminal court must deal with a case,” he contended.
The senior counsel added that even in absence of quorum at the CCI, the petitioner have a remedy to approach the appellate tribunal under Section 42A of the Competition Act.
Additional Solicitor General (ASG) N Venkataraman, appearing for CCI, challenged the submissions that existence of three or more members is necessary for the commission to consider the proceedings.
He submitted that the language used in the Act is sweeping and it does not prescribe a qualification either at time of appointment or at the stage of meeting.
Source: Barandbench
