TaxTMI 
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TaxTMI 
Competition Commission of India (General) Regulations, 2024.
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....n (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 proceedings initiated pursuant to a Miscellaneous Application, except submissions made in compliance of any orde....
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....mmission. 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 by all the parties to the proceedings, may also be accepted by the Commission, in appropriate cases, as a true translation. 8. Holidays to be observed by the Commission. (1) The head office of the Commission shall observe, besides Satu....
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....ng 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 attachments thereto, as well as application under sub-regulation (3), shall be complete and duly supported with an affidavit of the person submitting it duly verifying the contents of the same. 11. Signing of information or reference. (1) An information or a reference or a reply to a notice or direction issued by the Commission shall be signed by- (a) th....
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....ed 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 Information Technology Act, 2000 (21 of 2000); (b) "electronic form" with reference to an information or a document means the electronic form as defined under clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000); (c) "electronic signature" means electronic signature as defined under clause (ta) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000); (d) "sub....
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....r 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 following powers and functions, - (a) to receive, endorse and categorize all the information, references, applications or documents; (b) to check the amount of fee received where applicable and to ensure the timely deposit of the same in the bank account of the Commission; (c) to scrutinize all information, references, applications or documents so received to find out whether they are in conformity with the rules and regulations; (d) to point out defects in such information(s), references, applications or documents to the parties requiring them to r....
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.... 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 section 42 of the Act, if so directed by the Commission. 16. Procedure for scrutiny of information or reference. (1) Each information or reference received in the Commission shall be scrutinized by the Secretary to check whether it conforms to these regulations and the defects, if any, shall be communicated to the party within a reasonable time not exceeding, - (a) 15 (fifteen) days in case of an information or reference received under clause (b) of sub-section (1) of section 19 of the Act; or (b) 7 (seven) days in case of a reference received under section 21 or sub-section (1) of section 49 of the Act. (2) The information provider referred to in clause (a) of sub-section (1) of section 19 of the Act or the Central Government or the State Governmen....
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....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 exists, within 15 (fifteen) days of the date of placement of the matter by the Secretary under sub- regulation (1). 18. Preliminary conference. (1) The Commission may, if it deems necessary, call for a preliminary conference to form an opinion whether a prima facie case exists. (2) The Commission may invite the information provider and such other person as is necessary for the preliminary conference. (3) A preliminary conference need not follow formal rules of procedure. 19. Issue of direction to cause investigation on prima facie case. (1) Where the Commission is of the opinion that a prima facie case exists, the Secretary shall convey the directions of the Commission within 7 (seven) days to the Director General to investigate the matter. (2) A direction of investigation to the Director General shall b....
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.... 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 necessary, the Director General may, for maintaining confidentiality, submit his report and case record 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 information and documents to which access may be partially or totally restricted. (5) Five copies of the report of the Director General, along with an electronic copy in pdf format, shall be forwarded to the Secretary within the time specified by the Commission: Provided that the Secretary may ask for more copies of the report as and when required. (6) If the Commission, on consideration of the report, is of the opinion that further investigation is called for, it may direct the Director General to make further investigation and submit a supplementary report on specific issues within such time....
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.... 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 received under sub-regulation (5), may either: (i) direct the Secretary to forward a physical or electronic copy of the non-confidential version of the report to the Central Government or the State Government or the Statutory Authority or the parties concerned, as the case may be, for filing objections or suggestions, if any, thereto, within a period of 08 (eight) weeks from the receipt of the report; or (ii) cause further inquiry to be made or itself proceed with further inquiry in the matter, as the Commission deems fit. (7) Upon receipt of objections or suggestions under sub-regulation (6) from the Central Government or the State Government or the Statutory Authority or the parties concerned, as the case may be, on the supplementary investigation report, the Commission may either: (i) pass a final order closing the matter under sub-section (9) of section 26 of the Act or pass an order under section....
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....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 be duty of the person who has furnished the address or the electronic mail address or details of authorised representative, to update the same in the records of the Commission from time to time, as and when necessary, else the service made at the address or the electronic mail address available on record shall be sufficient. (2) An endorsement made by a postal or courier employee that the addressee or his agent has refused to take delivery of the notice shall be deemed to be proof of service by way of refusal. (3) An electronic mail shall be deemed to be delivered if properly addressed or directed to the recipient, in a form capable of being read by the other parties' system, when it is out of the control of the sender and enters the information processing system of the recipient for receiving such messages, whether or not opened or seen by the recipient. (4) In case the postal or courier employee reports that the addressee has since left or is not ....
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....o 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, jointly and severally, separately, or in the alternative, as parties in the same proceedings, in an ordinary meeting if, - (a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist in such applicants, whether jointly, severally or in the alternative; (b) the applicants can show, to the satisfaction of the Commission, that common question of law or fact would arise; and (c) the Commission is satisfied that participation of such person or enterprise, as the case may be, is necessary for the determination of the issues before it. (2) If in any proceedings it becomes necessary to substitute a person or enterprise for an existing party, the Commission, may make an order of such substitution. (3) On an application made, by a party admitted to the proceedings under sub-regulation (1) or sub-regulation (2), in terms of regulation 38 of these regulations, the Secretary shall furnish to it, certified copie....
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....o or more similar information or references or applications, as the case may be, for consideration. (2) At any time after receipt of an information or a reference for investigation from the Commission under sub-section (1) of section 26 of the Act, the Director General, if satisfied, that the matter raised in any information or reference received subsequently for investigation from the Commission is directly and substantially similar, may request the Commission to consolidate such similar information or references, as the case may be, for common investigation. (3) Where the Commission consolidates two or more information or references or applications, in accordance with sub-regulation (1) and sub-regulation (2), - (a) each such information or references, as the case may be, shall continue to be separately identified by its own docket number; (b) pending consolidation of information or references by the Commission, the Director General may continue to investigate the matters. 29. Amendment of information. The Commission may permit amendment of any information, upon an application made in this regard but such amendment shall not be allowed if it substantially changes the natu....
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.... the Commission has passed interim order, referred to in sub-regulation (1), it shall hear the party against whom such an order has been made thereafter, as soon as possible. (3) Where in a case an interim order under Section 33 of the Act has been passed, a final order, as far as possible, shall be passed by the Commission, within 180 (one hundred and eighty) days from the date of interim order. 33. Final order. (1) Every order of the Commission shall be signed and dated by the Members including a dissenting note by the dissenting Member, if that be the case. (2) Every order or decision of the Commission shall, as far as practicable, be made within 21 (twenty-one) working days from the date of conclusion of final arguments. (3) A copy of the order duly certified by the Secretary or such other officer authorized by the Secretary shall be served on the parties to the proceeding as provided in regulation 23 within 4 (four) weeks of the date of the order. 34. Reference from statutory authority or the Central Government or a State Government. (1) A reference from statutory authority under section 21 of the Act or the Central Government or State Government under section 49 of the....
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....nsidering such objections or suggestions it shall give its final opinion to the statutory authority or the Central Government or the State Government, as the case may be. (10) In case the reference has been made by a statutory authority suo motu, the same may be exempt from application of the provisions contained in clauses (d) and (e) of sub-regulation (2) and sub-regulations (5), (6) and (9). 35. Reference by the Commission to statutory authority for opinion. (1) A reference from the Commission to any statutory authority for opinion under section 21A of the Act shall contain, - (a) the specific proposition of law or fact or specific issue relating to competition on which the opinion is solicited; (b) background and historical data relevant for the determination of the proposition or the issue; (c) duly authenticated copies of the Act, the relevant rules and regulations framed thereunder, the notifications and the orders, if any, passed by the Commission in the pending matter as considered necessary; (d) duly authenticated and updated list of the parties with their complete addresses, telephone numbers, fax numbers, e-mail addresses etc.; (e) proof of the Secretary ha....
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....he secrecy of the information; (d) that the information cannot be acquired or duplicated by others. The party claiming confidentiality shall provide an undertaking in the form of an affidavit certifying the claims in terms of the requirements as above and such undertaking shall be filed by either the party itself or any of its employee, who has been duly authorised by the party to issue such authorisation on behalf of the party concerned: Provided that the parties furnishing false undertaking shall be liable to be proceeded against, as per the provisions of the Act. (3) The party claiming confidentiality shall file a complete version of such information or document(s) with the words 'restriction of publication claimed' in red ink on top of the first page, the word 'confidential' clearly and legibly marked in red ink near the top on each page, and the content on which confidentiality has been claimed highlighted/ typed in red ink, together with a non-confidential version thereof, which shall redact/ not contain such information or document(s) or part(s) thereof upon which confidentiality has been claimed. (4) The non-confidential version of such information or document(s) shal....
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....n) days. (8) Access to unredacted information in terms of sub-regulation (6) shall be provided on filing of undertakings in the form of an affidavit by the parties to be included in the Confidentiality Ring stating that the information accessed by their members pursuant to such ring, shall not be shared and/ or disclosed by them, to any other person including to any official and/ or other employee of enterprise concerned or to any official and/ or employee of any joint-venture, subsidiary, group entity of the concerned enterprise, or to any other person, whatsoever, and that they shall use such information and document(s) only for the purposes of the proceedings under the Act, and shall keep such information and documents within their sole custody, and shall destroy the same at the culmination of the present proceedings: Provided that separate undertaking(s) on aforesaid terms in the form of an affidavit shall also be provided by each party included in the Confidentiality Ring, to the other parties in the matter, whose confidential information is being accessed by its members, and the parties shall have the liberty to avail suitable remedies as per law, in case of any breach of s....
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....ntial version which omits the confidential information that appears in the complete version, shall be served upon the parties, and shall be included in the non-confidential records. The complete version shall be placed in the confidential records as provided in sub-regulation (4) and the same shall be shared with the members of the Confidentiality Ring. (14) Any person or party, including any officer or employee appointed by the Commission under sub-section (1) of Section 17 of the Act or any officer appointed by the Central Government under sub-section (1) of Section 16 of the Act or any expert or professional engaged by the Commission under sub-section (3) of Section 17 of the Act or any expert called upon to assist the Commission under sub-section (3) of Section 36 of the Act privy to the contents of the information or document(s) or part(s) thereof that have been claimed confidential under this regulation, shall maintain confidentiality of the same and shall not use or disclose or deal with such confidential information for any purpose other than the purposes of the Act or any other law for the time being in force: Provided that breach of confidentiality by any officer or emp....
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....o the Secretary for the purpose. 39. Continuation of proceedings after death of a party or adjudication of a party as insolvent. Where a party to a proceeding in an ordinary meeting of the Commission dies or is adjudged insolvent or, in the case of a company, being wound up, the proceeding shall not abate and may be continued by or against the executor, administrator or other legal representative of the parties or by or against the assignee, receiver or liquidator, as the case may be. 40. Effect of non-compliance. Failure to comply with any requirement of these regulations shall not invalidate any proceeding, merely by reason of such failure, unless the Commission is of the view that such failure has resulted in miscarriage of justice. 41. Taking of evidence. (1) Subject to the provisions of the Act, the Commission or the Director General, as the case may be, may determine the manner in which evidence may be adduced in the proceedings before them. (2) Without prejudice to sub-regulation (1), the Commission or the Director General, for the purpose of inquiry or investigation, as the case may be, may - (a) admit evidence taken in the form of verifiable transcripts of tape re....
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....rtification of copies of such records, including certification by the Embassy or the High Commission of that country in India; (i) admit such documents including electronic records in evidence as may be considered relevant and material for the proceedings. (3) Subject to the provisions of sub-regulation (2), the following sections of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023), in so far as they are applicable to the matters relating to, - (a) section 20 - when oral admissions as to contents of documents are relevant; (b) section 41(2) - opinion as to the electronic signature when relevant; (c) section 63 - admissibility of electronic records; (d) section 66 - proof as to electronic signature; (e) section 73 - proof as to verification of digital signature; (f) section 81 - presumption as to Gazettes in electronic or digital record; (g) section 85 - presumption as to electronic agreements; (h) section 86 - presumption as to electronic records and electronic signatures; (i) section 87 - presumption as to electronic signature certificates; (j) section 90 - presumption as to electronic messages; (k) section 91 - presumption as to due execution etc., of d....
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.... Court may appoint in this behalf or any officer appointed by any other Court which the State Government has generally or specially empowered in this behalf vide authority mentioned in section 139 of the Code of Civil Procedure, 1908 (15 of 1908). (6) Every exhibit annexed to an affidavit shall be marked with the title and number of the cause or matter and shall be initialed and dated by the authority before whom it is sworn. (7) No affidavit having any interlineations, alteration or erasure shall be filed before the Commission or the Director General, as the case may be, unless the interlineations or alteration is initialed or unless in the case of an erasure the words or figures written on the erasure are re-written in the margin and initialed, by the authority before whom, the affidavit is sworn. (8) The Commission or the Director General, as the case may be, may refuse to receive an affidavit where in its opinion the interlineations, alterations or erasures are numerous as to make it expedient that the affidavit should be re-written. (9) Where a specific time is given for filing affidavits, no affidavit filed after that time shall be used except by leave of the Commission o....
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....er necessary for the purpose of enabling it to pass orders. (2) The Commission or the Director General, as the case may be, may direct the summoning of the witnesses, discovery and production of any document or other material objects producible in evidence, requisition of any public record from any office, examination by an officer of the Commission the books, accounts or other documents or information in the custody or control of any person which the Commission considers relevant for the purpose. (3) The Commission or the Director General, as the case may be, may at any time, summon and enforce the attendance of any person and examine him, or cause him to be examined on oath. 45. Power of Commission or Director General to issue commissions for examination of witnesses or documents. (1) Subject to the provisions of clause (d) of sub-section (2) of section 36 and sub-section (2) of section 41 of the Act, 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 issue a commission for the examination on questionnaires or otherwise of the spec....
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....lic servant or the counsel, as the case may be, shall be appointed as "the commissioner" only for the purposes of executing the commission. (5) Every public servant or the counsel, referred to in sub-regulation (4), upon receiving a commission under sub-regulation (4) shall examine the witness or the document, as the case may be, or cause the witness or the document to be examined pursuant thereto and on due execution, shall return the commission together with the evidence taken under it to the Commission or the Director General, as the case may be. (6) The Commission or the Director General, as the case may be, shall furnish the commissioner appointed under sub-regulation (4) with such part of record of the proceedings and such instructions as appear necessary and the instructions shall distinctly specify that the commission is restricted to finding the facts through the examination as directed and the Commissioner is merely required to transmit the record of the proceedings to the Commission on completion of the examination. (7) Any Commissioner appointed under this regulation may, unless otherwise directed by the order of appointment - (a) examine the witness himself; (b)....
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....ing prejudice to or interfering with or attempting to interfere with, the due process of any proceeding or obstructing or attempting to obstruct, the compliance or execution of any order or direction of the Commission, in any manner, or using defamatory language or behaving defiantly or attempting to undermine or undermining the prestige of any Member or Officer of the Commission in any manner whatsoever. 47. Authorizing an Advocate to accompany any person summoned by the Director General. An Advocate may accompany any person summoned by the Director General to appear before him, subject to the following conditions, namely - (a) The Advocate shall not be allowed to accompany such person, unless a request in writing accompanied by an authorisation letter or vakalatnama is duly submitted to the Director General, prior to commencement of the proceedings. (b) The Advocate shall not sit in front of the person so summoned. (c) The Advocate shall not be at a hearing distance and shall not interact, consult, confer or in any manner communicate with the person, during his examination on oath. 48. Proceedings before Commission not to be open to public. Except where the Commission m....
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....(fifty thousand) in case of firm (including proprietorship, partnership or Limited Liability Partnership) or company (including one-person company) having turnover in the preceding year upto rupees two crore, or (d) rupees 1,25,000 (one lac twenty-five 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 6,00,000 (six lacs) in the cases not covered under clause (a) or (b) or (c) or (d). (2) Each Interlocutory Application received under sub-regulation (6) of regulation 16 shall be accompanied by proof of having paid the fee as under, - (a) Rupees 500 (five hundred) in case of individual or Hindu Undivided Family (HUF), or (b) Rupees 1,000 (one thousand) in case of Non-Government Organisation (NGO), or Consumer Association, or Co-operative Society, or Trust or (c) Rupees 1,000 (one thousand) in case of firm (including proprietorship, partnership or Limited Liability Partnership) or company (including one-person company) having turnover in the preceding year upto rupees two crore, or ....
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....r chartered accountants or company secretaries or cost accountants from the panel for assistance in the proceedings before the Commission, if so required. (3) The remuneration payable and other allowances and compensation admissible to counsel shall be specified in consultation with the Commission. 53. Inviting experts of eminence to assist Commission. Without prejudice to sub-section (3) of section 36 of the Act, or guidelines issued thereunder, the Commission may invite experts of eminence to assist the Commission in discharging of its functions under the Act on such terms and conditions and at such times as may be decided by the Commission: Provided that the Commission shall have absolute discretion as regards the evaluation of expertise or eminence of those invited to assist the Commission. 54. Implementation and monitoring of orders passed by the Commission. (1) Where the Commission is of the opinion that the implementation of its orders passed under Section 31 or Section 48A or Section 48B or any other provisions of the Act and regulations made thereunder, needs monitoring, it may appoint agencies to oversee such implementation, on such terms and conditions as deemed fi....