The Ministry of Corporate Affairs has invited applications for two vacancies at the Competition Commission of India to prevent a governance crisis as existing members resign and terms end, risking delays in merger and antitrust cases amid a critical quorum shortage.
The Ministry of Corporate Affairs has opened applications for two posts on the Competition Commission of India, in a move aimed at averting a governance squeeze at the antitrust regulator as it faces the loss of two members within weeks.
The immediate pressure stems from the resignation of Anil Agarwal on 14 July and the scheduled end of Deepak Anurag’s term in September. If both seats remain unfilled, the commission would be reduced to just two members, below the three-member quorum required for meetings under Section 22 of the Competition Act.
That would create a sharp divide in what the regulator can still do. According to the law, decisions at commission meetings need a majority of members present and voting, with at least three members present for the meeting to be valid. The CCI can still clear merger and acquisition cases in exceptional circumstances by relying on the doctrine of necessity, as it did in 2023 when a vacancy in the chairmanship left it short of quorum. But antitrust investigations and hearings could stall if the commission cannot legally convene.
The stakes are high because the CCI is already handling sensitive matters involving Apple, Zomato and other major companies. In the past, the doctrine of necessity has been used to prevent deal-making from grinding to a halt, since merger reviews are bound by statutory timelines. Antitrust cases, by contrast, do not carry the same built-in deadline, making it harder to justify the same workaround, according to policy experts.
The MCA notification says eligible candidates must be persons of ability, integrity and standing with special knowledge, and at least 15 years of professional experience in fields including economics, law, finance, management, technology, public affairs, business, commerce or competition policy.
Disclaimer: This article is intended to inform and educate, not to recommend or endorse any financial product, investment or strategy. Please consider your own financial circumstances and seek professional advice where appropriate before making financial decisions.
