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Appointment of Chairperson of Competition Appellate Tribunal
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Appointment of Chairperson under Competition Act designates tenure and ties service conditions to tribunal rules.
The Central Government appointed a Chairperson of the Competition Appellate Tribunal under the Competition Act, 2002, for a limited tenure subject to an upper age limit and until further orders; the Chairperson's salaries, allowances and other terms of service are governed by the Competition Appellate Tribunal Rules, 2009 as amended.
Competition Commission of India (Term of the Selection Committee and the Manner of Selection of Panel of Names) Amendment Rules, 2014
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Merit-order requirement: panel of names for commission appointments must be ranked in order of merit under amended selection rules.
Amendment inserts the phrase "in order of merit" into sub-rule (i) of rule 5 of the 2008 Selection Committee Rules, requiring that the panel of names forwarded under the provision be ranked by merit; the change affects only the sequencing of names on the panel and does not modify eligibility criteria or committee composition.
Competition Appellate Tribunal (Term of the Selection Committee and the Manner of Selection of Panel of Names) Amendment Rules, 2014
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Selection Committee recommendations: ranked candidate panels must be submitted in order of merit for each vacancy.
The amendment replaces rule 5 to require the Selection Committee, for each referred vacancy, to recommend a panel of up to three names and to submit any multi-name panel in order of merit; the provision is made under the Competition Act and commences on publication in the Official Gazette.
Competition Commission of India (Manner of Recovery of Monetary Penalty) Amendment Regulations, 2014
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Delay interest on penalty payments: specified monthly interest accrues and recovery actions may follow for non payment.
The amendment to Form I requires that failure to deposit a penalty within the stipulated period attracts simple interest calculated monthly from the day after the demand period expires until payment, and authorises the Commission to take necessary recovery measures and actions for non compliance with its orders.
Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2014
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Combination filing rule: substance over form standard disregards structures avoiding notification; fees and forms updated accordingly.
A new sub regulation directs that the filing requirement be determined with respect to the substance of the transaction, disregarding any structure designed to avoid notification. Specified filing fees are increased, regulation 29 and category (10) of Schedule I are omitted, and Schedule II forms are updated to require disclosure of horizontal and vertical overlaps, cross jurisdictional filing status with certified foreign orders, and audited asset and turnover figures for the two preceding financial years while simplifying verification requirements.
The Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2014
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Substance-over-form in merger filings: restructuring that avoids notice will be disregarded, altering filing assessment and fees.
Substance-over-form is made determinative for notice obligations, disregarding any transaction structure designed to avoid filing; filing fees are increased; Schedule changes omit a regulation and a category; Form I now requires disclosure of horizontal or vertical overlaps and whether filings exist in other jurisdictions with certified orders; Form II prescribes audited two year asset and turnover reporting for India and worldwide and removes the instruction requiring signature verification on each page.
Competition Commission of India (Salary, Allowances and other Terms and Conditions of Service of Chairperson and other Members) Amendment Rules, 2014
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Salary revision for Competition Commission members: consolidated pay set and housing and vehicle allowances removed, effective retrospectively.
Rule 3 of the Competition Commission of India (Salary, Allowances and other Terms and Conditions of Service of Chairperson and other Members) Rules, 2003 is substituted to provide that the Chairperson shall be paid a consolidated monthly salary of four lakh fifty thousand rupees and every Member a consolidated monthly salary of three lakh seventy five thousand rupees, and they shall not be entitled to any allowance relating to house and vehicle, with effect from 1 July 2013.
Competition Commission of India (Salary, Allowances and other Terms and Conditions of Service of Chairperson and other Members) Amendment Rules, 2014.
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Remuneration revision for commission members: consolidated salaries established and house and vehicle allowances expressly excluded.
Amendment prescribes consolidated monthly pay for the Chairperson and Members and excludes entitlement to house and vehicle allowances, with the substituted pay rule deemed effective from 1 July 2013; the notification invokes the Competition Act and includes a retrospective-effect declaration that no person's interest shall be adversely affected.
Exemption of Vessel Sharing Agreements (VSAs) of Liner Shipping Industry from the provisions of Section 3 of the Competition Act, for a period of one year.
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Exemption of Vessel Sharing Agreements from competition prohibition, subject to shipping directorate monitoring and filing requirements.
The Central Government grants a one year exemption of Vessel Sharing Agreements in the liner shipping industry from the Competition Act prohibition for carriers of all nationalities operating from any Indian port. During the period the shipping directorate will monitor such agreements; persons responsible for ship operations in India must file copies of existing and new VSAs and related documents with the directorate within thirty days of publication or within ten days of signing, whichever is later.
Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2013
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Exemption for limited incremental share acquisitions clarifies when minority stake increases fall outside combination filings.
The Regulations amend Schedule I to exempt specific transactions from combination review: limited incremental share acquisitions by an acquirer or its group that do not result in sole or joint control; routine acquisitions of current assets in the ordinary course of business; intra group transfers of shares or assets except where the acquired enterprise is jointly controlled by non group parties; and mergers or amalgamations within group structures or between enterprises with majority ownership links, provided no transfer from joint to sole control occurs.
EXEMPTED FROM THE APPLICATION OF THE PROVISIONS OF SECTIONS 5 AND 6 OF THE COMPETITION ACT, 2002, IN PUBLIC INTEREST FOR A PERIOD OF FIVE YEARS FROM THE DATE
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Competition law exemption for government notified banking companies allows temporary relief from cartel and abuse prohibitions.
A statutory notification under section 54(a) of the Competition Act, 2002 exempts banking companies notified under section 45 of the Banking Regulation Act, 1949 from the application of sections 5 and 6 of the Competition Act in the public interest for a limited period from the date of publication, removing those banks from scrutiny under the prohibitions on anti competitive agreements and abuse of dominant position during that period.
Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2012
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Merger filing thresholds updated; optional detailed form for higher market positions, timelines, fees and disclosure obligations adjusted.
Notices shall ordinarily be filed in Form I; parties may optionally file Form II in transactions involving overlapping or vertically related activities where combined market positions exceed specified thresholds, and statutory timelines for scrutiny begin from receipt of Form II. Asset transfers in related step transactions require attribution of the transferor's assets and turnover to the transferee for reportability. Specified acquisitions by financial investors may be filed without fee in a separate form and late filings may be admitted. The fee schedule is increased and a non confidential summary of the combination must be supplied with the notice.
Appointement of Member of the Competition Commission of India (CCI)
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Appointment of Competition Commission member: new member appointed under the Competition Act; tenure and service rules specified.
The Central Government, under sub-section (1) of Section 8 read with sub-section (1) of Section 10 of the Competition Act, 2002, appointed Shri Shiv Narayan Dhingra as a Member of the Competition Commission of India effective 18th October, 2011. The appointment is for five years or until the appointee attains sixty-five years of age or until further orders, whichever is earlier, and his service, including salary and allowances, is governed by the Competition Commission of India (Salary, Allowances and other Terms and Conditions of Service of Chairperson and other Members) Rules, 2003, as amended.
Amendment in (CCI) - (Salary, Allowances and other Tenns and Conditions of Service of Chairperson and other Members) Rules, 2003.
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Appointment of Chairperson under Competition Act: leadership term and service conditions governed by commission rules.
Shri Ashok Chawla is appointed as Chairperson of the Competition Commission of India with effect from the stated commencement date for a tenure of five years or until attaining the age of sixty five years or until further orders, under the authority of Section 8(1) read with Section 10(1) of the Competition Act, 2002; his terms and conditions of service are governed by the Competition Commission of India (Salary, Allowances and other Terms and Conditions of Service of Chairperson and other Members) Rules, 2003, as amended.
CCI (Salary, Allowances and other terms and conditions of service of Chairperson and other Members) Amendment Rules, 2011 - Substitution of rule 3
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Pay for CCI Chairperson and Members revised; consolidated salaries specified and housing and car entitlements removed.
Amendment substitutes Rule 3 to set consolidated monthly salaries for the Chairperson and each Member of the Competition Commission of India and expressly disallows entitlement to house and car benefits in addition to the consolidated pay.
Amendment in regulations 2 and 21 - CCI (General) Regulations, 2009,
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Electronic form recognition enables filings in hard or soft copy under amended competition commission regulations.
The 2011 amendment to the Competition Commission of India (General) Regulations inserts a definition of "Electronic form" aligning it with section 2(r) of the Information Technology Act, 2000, and revises regulation 21(1) to permit submissions as "either a hard or a soft copy (in electronic form)" in place of the prior reference to "copies."
Competition Appellate Tribunal (Procedure) Regulations, 2011
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Appeal procedure: rules governing filing, registration, service, hearings, adjournments, ex parte proceedings and judgments before the tribunal.
Regulations establish the procedural framework for appeals and applications to the Competition Appellate Tribunal: definitions of operative terms; English as the language of proceedings; Registrar duties to receive, verify, register and maintain records, issue notices and certify copies; filing, verification, service and pleading requirements including translations; limits on successive pleadings; inspection and certified copy procedures; rules on sittings, custody of seal, adjournments, ex parte hearings, signing of judgments and correction of clerical errors; and Chairperson's power to interpret or modify procedures.
Competition Commission of India (Form and Time of Preparation of Annual Report) Amendment Rules, 2011
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RTI Act reporting requirements added to annual report rules, requiring disclosure of application and appeal statuses.
Amendment inserts RTI Act disclosures into the Commission's annual report, requiring counts of applications received by CPIO/ACPIO, applications for which information was provided, applications pending with CPIO, appeals filed before the First Appellate Authority, appeals disposed of, appeals pending with the First Appellate Authority, and applications/appeals not disposed within the stipulated timeframe, effective from publication in the Official Gazette under the cited enabling provisions.
Competition Appellate Tribunal (Salaries and Allowances and other terms and conditions of service of the Chairperson and other Members) Amendment Rules, 2011
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Amendment to tribunal service rules removes conditional phrase and corrects wording, effective on publication under competition law.
Amendment to the Competition Appellate Tribunal service rules modifies rule 5(1) of the 2009 Rules by omitting the parenthetical phrase "(1) Subject to the provisions of sub-rule (2)" and substituting "to receive" for "to received" in the proviso. The Amendment Rules are issued under powers conferred by the Competition Act and come into force from their publication in the Official Gazette, with cross-reference to the principal 2009 rules and earlier 2009 amendments.
The Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011
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Merger control procedure: mandatory notice filing and review may require remedies, monitoring or prohibition under competition law.
Regulation prescribes procedural rules for notification and review of combinations: specified notice forms, filing and fee requirements, timelines and exclusion of cure periods from statutory review, Commission powers to call for information or a Director General report, publication and public comment where prima facie concerns arise, and remedial options including modifications, monitoring and orders to approve or prohibit combinations.

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