The Delhi High Court (DHC) has held that there is no compulsory statutory requirement of having three members at Competition Commission of India (CCI) to be a valid quorum to carry out adjudication process under the Competition Act, 2002 (Act). The DHC noted that the term “proceeding” under Section 15 of the Act includes adjudicatory/judicial powers of CCI and merely because of there is a vacancy in the CCI, it cannot be considered as lacking jurisdiction to adjudicate on pending proceedings. Furthermore, DHC held that Section 22 of the Act, which requires a quorum of three members for conducting meetings of CCI, is for administrative action and have no nexus with the adjudicatory process.
