THE COMPETITION COMNIISSION OF INDIA

NOTIFICATION

New Delhi, the 31st March, 2011

The Competition Commission of India (General)

Amendment Regulations, 2011

(No.1 of 2011)

F.No.L-3(2)/Regln-Gen.(Amdt.)/2009-10/CCI.-- In exercise of the powers conferred by section 64 of the Competition Act, 2002 (12 of 2003), the Competition Commission of India hereby makes the following regulations further to amend the Competition Commission of India (General) Regulations, 2009, namely:-

1. (1) These regulations may be called the Competition Commission of India (General) Amendment Regulations, 2011.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Competition Commission of India (General) Regulations, 2009,---

(1) in regulation 20,-

(a) in sub-regulation(4) the following proviso shall be inserted, namely:-

"Provided that when considered necessary, the Director General may, for maintaining confidentiality, submit his report in two parts. One of the parts shall contain the documents to which access to the parties may be accorded and another part shall contain confidential and commercially sensitive information and documents to which access may be partially or totally restricted."

(b) in sub-regulation (5), for the words "Eight copies", the words "Ten copies" shall be substituted ;

(2) in regulation 21, in sub-regulation (1) after the words "forward copies", the words "of non-confidential version" shall be inserted;

(3) in regulation 29, in sub-regulation (1), the proviso shall be omitted;

(4) in regulation 35,

(a) sub- regulation (7) shall be omitted;

(b) in sub-regulation (8), the following proviso shall be inserted, namely:-

"Provided that the Commission or the Director General, as the case may be, if satisfied, may give such confidential treatment to any other information or document or part thereof also in respect of which no request has been made by the party which has furnished such information or the document."

(c) sub- regulation (12) shall be omitted;

(5) in regulation 37,

(a) in sub-regulation (1),-

(i) after the words "provisions of" the words and figures "section 57 and" shall be inserted;

(ii) for the figures "51", the figures "50" shall be substituted;

(iii) the following provisos shall be inserted, namely.-

"Provided further that no request for inspection or certified copies of internal documents shall be allowed";

(b) in sub-regulation (2), for the figures "51", the figures "50" shall be substituted;

(6) regulation 38 shall be omitted;

(7) In regulation 46,-

(a) in sub-regulation (1), for the words "power of attorney or Vakalatnama in the manner specified", the letter and word, "a letter" shall be substituted;

(b) in sub-regulation (2), for the words "power of attorney or Vakalatnama", the words, "authorization letter" shall be substituted;

(8) in regulation 48, for sub-regulation (1), the following sub-regulation shall be substituted, namely:-

"(1) Notwithstanding anything to the contrary contained in any regulations framed under the Act, no order or direction imposing a penalty under Chapter VI of the Act shall be made unless the person or the enterprise or a party to the proceeding, during an ordinary meeting of the Commission, has been given a show cause notice and reasonable opportunity to represent his case before the Commission.";

(9) in regulation 50, in sub-regulation (2), for the words, "rupees fifty per page", the words, "rupees twenty per page " shall be substituted.

S. L. BUNKER, Secy.

[ADVT.III/4/69 ZB/10/Exty.]

Note : The Competition Commission of India (General) Regulations, 2009 were published in the Gazette of India, Extraordinary, Part III, Section 4, dated 22nd May, 2009. Subsequently amended by notification No. L-3(2)/ Regln-Gen. (Amdt.)2009-10/CCI published in the Gazette of India, Extraordinary, Part III, Section 4, dated August 20, 2009 and No. L-3 (2)/Regln-Gea. (Amdt)/2009-10/CCI, published in the Gazette of India, Extraordinary, Part-Ill, Section 4, dated October 20, 2010.

Confidentiality in investigations: two-part DG reports and broader confidential treatment protect commercially sensitive materials. The amendments allow the Director General to submit investigation reports in two parts to protect commercially sensitive information and permit the Commission or Director General to accord confidential treatment to additional information even without a party's request; they also replace power-of-attorney filings with a simple authorization letter, restrict inspection of internal documents, require a show-cause notice and hearing before imposing Chapter VI penalties, and adjust copy submission and fee requirements.