Competition investigation may cover responsible officers at the initial stage without waiting for a final company finding.

In proceedings under the Competition Act, 2002, an order under Section 26(1) may direct investigation into the role of persons in charge and responsible for the company's business under Section 48 without waiting for a final contravention finding against the company. The scheme of the Act supports a comprehensive, simultaneous inquiry into the company and its responsible officers, and this approach was treated as consistent with effective investigation and natural justice. On that basis, the direction to investigate the officers at the Section 26(1) stage was held permissible, and the review and recall applications were rejected.

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Issues: Whether, in proceedings under the Competition Act, 2002, the Commission can at the stage of an order under Section 26(1) direct investigation into the role of persons in charge of and responsible for the conduct of the company's business under Section 48, before any final finding of contravention is recorded against the company.

Analysis: Section 48 creates vicarious liability for persons in charge of and responsible for the company, but the investigation under Section 26(1) is directed to the entire matter and is not confined to a phased inquiry against the company alone first and the officers later. The scheme of the Act, the need for an effective and comprehensive investigation, and the requirement of natural justice support consideration of the company's conduct and the role of responsible officers in the same proceeding. The reasoning also accepted that simultaneous inquiry into the company and its key persons is consistent with the statutory framework and the prevailing jurisprudence on analogous provisions.

Conclusion: The direction to investigate the role of the persons in charge at the Section 26(1) stage was held permissible, and the review and recall applications were rejected as lacking merit.

Ratio Decidendi: In proceedings under the Competition Act, 2002, investigation under Section 26(1) may encompass the role of persons liable under Section 48, and the Act does not require a prior final finding of contravention against the company before such inquiry is undertaken.

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