TaxTMI 
TaxTMI 
Competition Commission of India (General) Regulations, 2024.
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....eans the Competition Commission of India established under sub-section (1) of section 7 of the Act; (e) "Counsel" means a legal practitioner or a chartered accountant or a company secretary or a cost accountant as defined in the explanation to section 35 of the Act; (f) "Director General" means the Director General appointed under sub-section (1) of section 16 of the Act and includes any Additional, Joint, Deputy or Assistant Directors General appointed under that section; (g) "Electronic Form" shall have the same meaning as assigned to it under section 2(1)(r) of the Information Technology Act, 2000; (h) "Expert" means an expert engaged to assist the Commission under sub-section (3) of section 17 of the Act or an expert called upon by any party to provide opinion in connection with any matter related to a case under sub-section (2) of section 35 of the Act or an expert called upon to assist the Commission in any inquiry or proceeding under sub-section (3) of section 36 of the Act; (i) "Interlocutory Application" means an application filed before the Commission during pendency of, a case instituted under section 19 of the Act or proceedi....
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....dure in a particular case. 4. Seal and emblem. The official seal and emblem (with tagline) of the Commission shall be such as indicated by a drawing given in Annexure. 5. Language of the Commission. The language of the Commission shall be English. 6. Filing of documents in Hindi. Notwithstanding anything contained in these regulations, the parties may file documents drawn up in Hindi, if they so desire: Provided that no information, reference or other papers contained in any language other than English shall be accepted by the Commission unless the same is accompanied by a true translation thereof in English as stipulated in regulation 7. 7. Translation of documents. A document translated in English shall be accepted by the Commission as true translation if: (a) the counsel for the party certifies the translation to be a true translation; or (b) the translation is done by an official translator of any Court; or (c) the translation is done by an official translator of any authority/ body, central or state government, which is also accepted by the Courts as true translation: Provided that a translation, which is agreed to....
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....ate on which the cause of action had arisen; (d) a succinct narrative in support of the alleged contraventions; (e) whether same or substantially same facts and issues raised in the information or reference, as the case may be, have already been decided by the Commission in any of its previous order(s), along with details thereof; (f) relief sought, if any; (g) details of litigation or dispute pending, if any, between the informant and parties before any court, tribunal, statutory authority or arbitrator in respect of the subject matter of information; and (h) such other particulars as may be required by the Commission. (3) If the information or reference referred to in sub-regulation (1) is filed after three years from the date on which the cause of action had arisen, it shall be accompanied with an interlocutory application seeking condonation of delay demonstrating sufficient cause for the delay, together with applicable fee in terms of sub-regulation (2) of regulation 50 of these regulations. (4) The contents of the information or the reference mentioned under sub-regulations (1) and (2), along with the appendices and attachmen....
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....14 (fourteen) days of filing the information or reference, as the case may be. Such documents shall be serially numbered, prefaced by an index and shall be duly supported with an affidavit of the person submitting it duly verifying the contents of the same. (3) An information(s) or reference sent by post or courier service or facsimile transmission under sub- regulation (1) shall be deemed to have been presented to the Secretary or to the officer authorized by the Secretary, on the day on which it is received in the office of the Secretary or the authorized officer, as the case may be. 13. Procedure for filing of information or reference in electronic form. Subject to the provisions of regulations 10 and 11, information or a reference to the Commission may be sent by a person or an enterprise to the Secretary in an electronic form duly authenticated with digital signature and/ or electronic signature by the subscriber as and when so desired by the Commission through a public notice. Explanation - For the purpose of this regulation, - (a) "digital signature" means the digital signature as defined under clause (p) of sub-section (1) of section 2 of the Informatio....
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.... any formal relationships, including signing of any memorandum or arrangement, with any statutory authority or department of the Government, with the prior approval of the Commission, as per section 18 of the Act. (4) The Commission may sue or be sued in the name of the Secretary and the Commission shall be represented in the name of the Secretary in all legal proceedings, including appeals before the Tribunal. (5) Subject to the provisions of section 51 of the Act, the Secretary shall assist the Committee of Members constituted under sub-section (3) of section 51 of the Act for, - (a) preparation and approval of the annual budget of the Commission; (b) administration of the competition fund. (6) The Secretary shall keep in custody the official seal of the Commission. The official seal of the Commission shall not be affixed to any document including the certified copies of the orders of the Commission, save and under the authority in writing of the Secretary. (7) Subject to sub-regulation (1), to ensure a timely and efficient disposal of the matters brought before the Commission and for achieving the objectives of the Act, the Secretary shall have the ....
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....n the newspaper or putting it on the website, as the case may be; (p) to compile and preserve record of any proceeding during an ordinary meeting including: - (i) the chronology of events; (ii) the initiating document; (iii) the notice of the meeting; (iv) report of the Director General, if any; (v) opinion of expert, if any; (vi) any interim order made; (vii) all documentary evidence filed; (viii) the transcript, if any, of the oral evidence given; (ix) the final order or decision of the Commission; (q) to disclose information subject to section 57 of the Act; (r) to ensure confidentiality of documents or evidences or statements or any analysis as per these regulations, by keeping them in safe custody; (s) to undertake maintenance of records including weeding out of records in accordance with retention schedule in force and in accordance with directions of the Chairperson issued from time to time; (t) to file complaint before the Chief Metropolitan Magistrate, Delhi for non-compliance with the orders or directions of the Commission under sub-section (3) of ....
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....wards the period of 60 (sixty) days provided for giving of opinion by the Commission in sub-section (2) of section 21 or sub-section (1) of section 49 of the Act, as the case may be. (6) Every Interlocutory or Miscellaneous Application filed in a case shall be registered and numbered. All such applications shall be scrutinized within 7 (seven) days and defects, if any, shall be communicated to the party. The party making application shall remove the defects and submit the same within 7 (seven) days from the receipt of communication failing which the application shall be treated as invalid. 17. Opinion on existence of prima facie case. (1) The Secretary, after scrutiny and removal of defects, if any, in an information or reference, as the case may be, shall place the same before the Commission to form its opinion on existence of a prima facie case. (2) In cases of alleged anti-competitive agreements and/ or abuse of dominant position, the Commission shall, as far as possible, record its opinion on existence of a prima facie case within 60 (sixty) days. (3) The Commission shall, as far as possible, hold its first ordinary meeting to consider whether prima facie case ex....
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....egulation 19, send a copy of the information or reference, as the case may be, with all other documents or materials or affidavits or statements which have been filed either along with the said information or reference or thereafter or at the time of preliminary conference, by any party, to the Director General. (2) The Commission shall direct the Director General to submit a report within such time as may be specified by the Commission which ordinarily shall not exceed 90 (ninety) days from the date of receipt of the directions of the Commission. (3) The Commission may, on an application made by the Director General, giving sufficient reasons extend the time for submission of the report by such period as it may consider reasonable. (4) The report of the Director General shall contain his findings together with all the evidences or documents or statements or analyses relied upon in the investigation report: Provided that the Director General shall also, along with the report, forward to the Commission, all evidences or documents or statements or analyses collected during the investigation, which shall be called the case record: Provided further that when considered n....
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....al statements, in accordance with the Competition Commission of India (Determination of Turnover or Income) Regulations, 2024 and the Competition Commission of India (Determination of Monetary Penalty) Guidelines, 2024. (4) Upon receipt of objections or suggestions under sub-regulation (2) from the Central Government or the State Government or the Statutory Authority or the parties concerned, as the case may be, the Commission may either: (i) pass a final order closing the matter under sub-section (6) of section 26 of the Act or pass an order under section 27 of the Act; or (ii) order further investigation to be made by the Director General in the matter in terms of sub-section (7) of section 26 of the Act; or (iii) cause further inquiry to be made or itself proceed with further inquiry in the matter in terms of sub- sections (7) or (8) of section 26 of the Act. (5) Upon receipt of the supplementary investigation report from the Director General, the Secretary shall place the same for consideration of the Commission within 04 (four) weeks. (6) The Commission, upon consideration of the supplementary investigation report of the Director General rec....
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....ecified books or other documents relating to any trade carried out by such person or enterprise, as per the provisions of sub-section (4) of section 36 of the Act. Explanation - For the purpose of this sub-regulation, the word "officer" shall include the experts and professionals mentioned under sub-section (3) of section 17 or sub-section (3) of section 36 of the Act. (12) The Secretary shall keep the Director General informed of the dates of the meetings of the Commission for inquiry to appear in person or through any of his officers in accordance with the provisions of section 35 of the Act. 23. Mode of service of notice, etc. (1) Every notice or other document required to be served on or delivered to any person under these regulations, may be served personally or sent by electronic mail address, or by registered post or by speed post or by courier service at the address furnished by him or her or it for service, or at the place where the person ordinarily resides or carries on business or occupation or works for gain, or to his or her or its authorized representative at the address furnished by such person or its authorised representative: Provided that it shall ....
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....e required to be filed before the Commission shall be typed in Arial 12 fonts on both side of A4 size (210 x 297mm or 8.27"x11.69") white bond paper in double space with 2" margin on the left and 1" margin on all other sides: Provided that no filings shall be allowed to be made upon letter-heads of any person. (2) Only neat and legible photocopies or scanned documents duly certified as true copies may be filed as exhibits or annexes. (3) Two copies of each document referred to in sub-regulation (1), in addition to an electronic copy in pdf format, wherever possible, shall be filed (one original and one copy): Provided that the Secretary may, through public announcement, increase or decrease the number of copies depending on the number of Members of the Commission and the number of parties to the proceedings: Provided further that the Secretary may, through public announcement, vary the format in which the electronic copy is to be filed. 25. Power of Commission to join or substitute parties in proceedings. (1) The Commission, on an application made in writing, by any party to the proceedings, may combine any number of persons or enterprises, whether jointly, joi....
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.... request; (e) documents or affidavits or evidence in support of the statement, with a list thereof. (4) On an order made under sub-regulation (1), if an application is made, by the person or enterprise permitted to participate in the proceedings, in terms of regulation 38 of these regulations, the Secretary shall furnish to it, certified copies of the documents sought, within 10 (ten) days. 27. Power to strike out unnecessary party. The Commission may, on its own motion or on an application by a party to the proceedings before it, during an ordinary meeting, stating that no relief has been claimed by or against him or that no relief has to be granted to or against him, permit the striking out of such party from the proceedings. 28. Power of Commission to join multiple information. (1) At any time after receipt of an information or a reference or an application, the Commission, if satisfied that the matter raised in any information or reference or application received subsequently is directly and substantially similar, may consolidate two or more similar information or references or applications, as the case may be, for consideration. (2) At any time after....
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..... (2) If any party refuses access to or otherwise does not provide necessary information within the stipulated time or significantly impedes investigation, the Commission may pass such order as it may deem fit on the basis of available facts. (3) Where an order has been passed by the Commission under sub-regulation (1) or sub-regulation (2) and the party shows that it was prevented from participating in the proceeding before the Commission and/ or furnishing the information required, for reasons beyond its control, the Commission, on being satisfied, may recall the order. 32. Interim order. (1) Where the Commission, during an inquiry, has, by an order, temporarily restrained any party from carrying on any act in contravention of sub-section (1) of section 3 or sub-section (1) of section 4 of the Act, until the conclusion of such inquiry or until further orders, under section 33 of the Act, such order, if any, shall be signed and dated by the Members, including a dissenting note by the dissenting Member, if that be the case, and shall be made at the earliest. (2) Where during an inquiry, the Commission has passed interim order, referred to in sub-regulation (1), it sh....
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....ary shall place it during an ordinary meeting of the Commission and seek necessary instructions regarding the parties to whom notice of meeting is to be issued. (5) The Secretary shall give notice of the ordinary meeting to the said parties giving not less than 10 (ten) days, in the manner specified, to take part in the proceedings. (6) The parties to whom the notices are issued under sub-regulation (5), may file comments or reply to the notice after having served a copy thereof to each party within 7 (seven) days of receipt of the notice. (7) The Commission may call upon a representative of the statutory authority or the Central Government or the State Government or an expert in the field for discussion or evidence as it may consider necessary in the matter. (8) The Commission may collect particulars and information from any person or enterprise or Central or State Government or statutory authority, which in its opinion is relevant to the reference received by the Commission (9) The Commission may form an opinion and send the same to the concerned parties and seek their objections and/or suggestions thereon within the time decided by it and after considering such ob....
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....ission for orders. 36. Confidentiality. (1) The Commission shall maintain confidentiality of the identity of an Informant on a request made to it in writing: Provided that where it is necessary or expedient to disclose the identity of the Informant for the purposes of the Act, the Commission may do so after providing a reasonable opportunity to the Informant, to represent its case before the Commission. (2) A party seeking confidentiality over the information or the document(s) furnished by it shall set out cogent reasons for such treatment and shall self-certify that making the information or document(s) or part(s) thereof public will result in disclosure of trade secrets or destruction or appreciable diminution of the commercial value of any information or can be reasonably expected to cause serious injury. Further, the party shall confirm the following, along with the date on which such confidential treatment shall expire, on self-certification basis: (a) that the information is not available in the public domain; (b) that the information is known only to limited employees, suppliers, distributors and others involved in the party's business; ....
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....entatives specified under Section 35 of the Act, who would be able to access the information as mentioned in sub-regulation (5), as required, in unredacted form in terms of regulation 38 of these regulations: Provided that the Commission, while setting up a Confidentiality Ring, may decide the extent of information to be made accessible, as well as the parties and their members to be included, in the Confidentiality Ring, as deemed appropriate, for the purpose: Provided further that the document(s)/ material mentioned in proviso to sub-regulation (5) which have been relied upon in the confidential version of the report of the Director General, shall be made accessible to the members of the Confidentiality Ring. (7) (a) The party seeking access to confidential information shall make a request for setting up a Confidentiality Ring, by way of an application, at the earliest. (b) In case such request is made by a party post receipt of the non-confidential version of the investigation report, the same shall be made within a period of 10 (ten) days from the receipt thereof: Provided that if the Commission is satisfied that the party was prevented by sufficient cause from m....
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....ing inspection under regulation 38 read with regulation 51 of these regulations, within a period of 7 (seven) days from the date of submission of undertaking(s). (2) Such inspection shall be completed by the parties within a period of 21 (twenty-one) days of being allowed. (3) The parties may make application(s) seeking grant of certified copies under regulation 38 read with regulation 51 of these regulations within a period of 7 (seven) days thereafter. (4) On receipt of an application seeking certified copies, the same shall be supplied within a period of 14 (fourteen) days: Provided that the Secretary may extend the time period(s) prescribed under sub-clause (2) above for a further period of 7 (seven) days but not thereafter. (12) (1) The Commission may, considering the facts and circumstances of a particular matter, in exceptional cases, extend the timelines prescribed under this regulation for reasons to be recorded in writing. (2) In case the party(s) fail to adhere to the given timelines, the Commission shall continue with the proceedings in accordance with law. (13) If the Commission includes in any order or decision or opinion, information that has bee....
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....retary, be allowed to inspect or obtain copies of the documents or records submitted during proceedings on payment of fee as specified in regulation 51: Provided further that no request for inspection or certified copies of internal documents shall be allowed. (2) The Commission may, on an application of a person, who is not a party to the proceedings, on sufficient cause demonstrated, allow such person inspection and/ or grant of certified copies of documents or records mentioned in sub-regulation (1) on payment of fee as specified in regulation 51. (3) An inspection shall be allowed only in the presence of an officer so authorized by the Secretary: Provided that the inspection of documents or grant of certified copying thereof as per sub- regulation (1) or sub-regulation (2) shall be allowed under the supervision of and subject to the time limits to be specified by the Secretary or an officer authorized by him in this behalf: Provided further that for the purposes of inspection and grant of certified copies of confidential documents, the time limits as stipulated under regulation 36 of these regulations, shall apply. (4) An officer of the Central or State Govern....
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....s, including entries in any public or other official book, register or record or an electronic record, made by a public servant in the discharge of his official duty, or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register or record or an electronic record is kept, as documentary evidence; (d) admit the opinion of any person acquainted with the handwriting of the person by whom a document is supposed to have been written or signed, as relevant fact to prove the handwriting of the person by whom the document was written or signed; (e) admit the opinion of the handwriting experts or the experts in identifying finger impressions or the persons specially skilled in interpretation of foreign law or of science or art; (f) take notice of the facts of which notice can be taken by a court of law under section 52 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023); (g) accept the facts, which parties to the proceedings admit or agree in writing as proved; (h) presume that any document purporting to be a certified copy of any record of any authority, court or government of any coun....
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....irector General in its investigation report against any other person or party, the Director General shall offer to the concerned person or party against whom such evidence is sought to be relied upon, an opportunity to cross examine the person giving the evidence. (6) The Commission or the Director General, as the case may be, may, if considered necessary or expedient, direct that the evidence of any of the parties to be recorded by an officer or person designated for the said purpose. (7) The Commission may direct the parties to file written note of arguments or submissions in the matter. 42. Supporting of facts by filing of affidavit. (1) The Commission or the Director General, as the case may be, may at any time, for sufficient reason, order that any particular fact or facts may be supported by affidavit. (2) Every affidavit shall be typed in Arial 12 fonts on one side of A4 size (210 x 297 mm or 8.27" x 11.69") white bond paper in double space with 2" margin on the left and 1" margin on all other sides. (3) Every affidavit shall clearly state the cause or matter in which it is sworn. (4) Every affidavit shall be drawn up in the first person, and shall be di....
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....eral during investigation under section 26 or sub-section (1A) of section 29 of the Act, but if the Commission requires any document to be produced or any witness to be examined or any affidavit to be filed to enable it to pass orders or for any other substantial cause, or if the Director General has not given sufficient opportunity to the party to adduce evidence, the Commission, for reasons to be recorded, may allow such document to be produced or witness to be examined or affidavit to be filed or may allow such evidence to be adduced. (2) Such document may be produced or such witness examined or such evidence adduced either before the Commission or before such authority as the Commission may direct. (3) If the document is directed to be produced or witness examined or evidence adduced before any authority, he or she shall comply with the direction of the Commission and after compliance send the document, the record of the deposition of the witness or the record of the evidence adduced, to the Commission. (4) Additional evidence/ document shall be made available by the Commission to the parties to the proceedings other than the party adducing the evidence and they may be....
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....ssary expense within the stipulated time; (f) not being covered under any of the situations mentioned in clauses (a) to (e), if his or her evidence is considered necessary in the interest of justice. (2) Subject to the provisions of sub-regulation (1), the Commission or the Director General, as the case may be, either on its or his own motion or on an application made by a party to any proceeding before the Commission or the Director General, may also issue a commission for the examination on questionnaires or otherwise of any witness residing at any place not within India if satisfied that the evidence of such witness is necessary and may issue a letter of request to the Indian High Commission or the Indian Embassy to facilitate the execution of the commission, under this regulation. (3) Subject to the provisions of sub-regulations (1) and (2), the Commission or the Director General, as the case may be, either on its or his own motion or on an application made by a party to any proceeding before the Commission or the Director General, may also issue a commission for the examination of specific document(s) whether available in any place situated within or without Ind....
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....ama in the manner specified authorizing the representative to appear for him or her or it, as the case may be. (2) The authorized representative shall not be allowed to represent the party unless such authorization letter or vakalatnama is filed before the Secretary before commencement of the ordinary meeting: Provided that at any point of time, only one authorization letter or vakalatnama on behalf of each party shall be deemed to be valid which shall be collectively signed by all its legal representative(s) and filing of a new authorization letter or vakalatnama by any party shall be considered deemed revocation of the earlier one. (3) No misconduct on the part of any authorized representative, appearing for and on behalf of any party during continuance of a proceeding before the Commission as well as the Director General shall be permitted and the Commission in appropriate circumstances, for reasons to be recorded in writing, may pass necessary orders debarring the representative, guilty of misconduct, from appearing in the proceedings before the Commission and/ or the Director General in future or till such time as the Commission deems necessary. (4) In the event of....
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....ns 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. (2) In case of persons proceeded against in terms of section 48 of the Act, forwarding of the investigation report and/ or the supplementary investigation report or issue of show-cause notice under sub-regulation (8) of regulation 22 of these regulations, as the case may be, to such persons, shall be deemed to be the show cause notice in terms of sub-regulation (1) above. (3) In case the Commission decides to issue show cause notice to any person or enterprise or a party to the proceedings, as the case may be, under sub- regulation (1), the Secretary shall issue a show cause notice giving not less than 15 (fifteen) days asking for submission of the explanation in writing within the period stipulated in the notice. (4) The Commission shall, on receipt of the explanation, and after oral hearing if granted, proceed to decide the matter of imposition of pe....
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....Limited Liability Partnership) or company (including one-person company) having turnover in the preceding year upto rupees two crore, or (d) rupees 60,000 (sixty thousand) in case of firm (including proprietorship, partnership or Limited Liability Partnership) or company (including one-person company) having turnover in the preceding year exceeding rupees two crore and upto rupees 50 crore, or (e) rupees 3,00,000 (three lacs) in the cases not covered under clause (a) or (b) or (c) or (d). (4) The fee may be increased or decreased on the basis of annual notification of Cost Inflation Index by the Central Board of Direct Taxes, Department of Revenue, Ministry of Finance by an order of the Commission. (5) The fee can be paid either by tendering demand draft or pay order or banker's cheque, payable in favour of Competition Commission of India (Competition Fund), New Delhi or through Electronic Clearance Service (ECS) by direct remittance to the Competition Commission of India (Competition Fund), Account No. 1988002100187687 with "Punjab National Bank, Bhikaji Cama Place, New Delhi - 110066". 51. Inspection and copying fees. (1) A party to the proceedings, ....
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....arry out the responsibilities as specified by the Commission from time to time, inter alia, including: (a) monitoring the implementation of the orders of the Commission in accordance with its terms of engagement; (b) informing the Commission of any non-implementation or non-compliance of such orders; (c) adequately disclosing any direct or indirect pecuniary or non-pecuniary interest that is likely to prejudice performance of its duties under the terms of its engagement; (d) submit reports related to monitoring of the implementation of the orders of the Commission, at such periodic intervals as directed by the Commission; (e) maintaining highest standards of confidentiality in respect of information received or collected during the discharge of its obligations; and (f) performing such other duties as stipulated under the terms of its engagement or directed by the Commission. (5) The Commission may, suspend or terminate the engagement of agencies appointed under sub-regulation (1) in such manner as may be determined by terms of its engagement: Provided that notwithstanding anything contained in the terms of engagement, the ....