Anti-monopoly watchdog Monopolies and Restrictive Trade Practices Commission (MRTPC), which would be dissolved once the Competition Commission of India (CCI) becomes fully operational, has to make do with available resources, as the government has no plans to increase the strength of the commission.
MRTPC is facing shortage of staff across all levels and no steps have been taken to fill vacant positions. According to officials, even after the CCI is notified by the government, MRTPC will be functioning for two more years to settle and clear all the existing cases. Besides, MRTPC is taking fresh cases till CCI is operationalised, and to carry out all these activities it needs more hands.
At present, against 20 officer-level posts, MRTPC has only six employees. “We have an acute staff shortage,” said an MRTPC official. In addition, the MRTPC chairman has demitted office on March 31, while the two members would also retire this year.
“There are no plans to hire people,” said a senior official of the Ministry of Corporate Affairs (MCA).
Both chairman and members are appointed by the appointments committee of the Cabinet from a list provided by the ministry. While the chairman is selected from among the retired high court judges, the members are shortlisted from the names of the candidates recommended by various ministries.
However, all MRTPC officials would be ‘absorbed’ in CCI once the sunset period ends (two years from the notification of CCI).
There are about 2,000 cases before the MRTPC as of now, including about 600 unfair trade practices cases, 300 cases of restrictive trade practices and five cases related to monopolistic trade practices. There are about 1,100 compensation applications.
The government would need to notify Sections 3, 4, 6 and 66 of the Competition Act, 2002 to make the CCI functional. Section 3 deals with anti-competitive agreements and prohibition of abuse of dominant position, Section 4 deals with abuse of dominant position and Section 6 deals with regulations of combinations.
Section 66 of the Act repeals and dissolves the MRTPC Act of 1969. CCI has already got its chairman and three members, while efforts are on to recruit more staff and two additional members, along with finalisation of the members of the Competition Appellate Tribunal.
After the end of the sunset period, all pending cases related to restrictive trade practices and monopolistic trade practices would be referred to the Competition Appellate Tribunal. However, cases related to unfair trade practices would be referred to national consumer forum. The Ministry of Consumer Affairs has prepared a Cabinet note to create the National Consumer Protection Authority (NCPA) to hear a majority of cases of unfair trade practice.
