Competition Commission of India

On 12-1-2024, the Competition Commission of India notified the Competition Commission of India (General) Amendment Regulations, 2024 to amend the Competition Commission of India (General)Regulations, 2009. The provisions came into force on 12-1-2024.

Key Points:

  1. The definition of “Interlocutory Application” has been inserted which means:

    “an application filed before the Commission in a case instituted under section 19 of the Act, except those filed in compliance of any order or direction of the Commission;”

  2. Regulation 15 relating to “Procedure for scrutiny of information or reference” has been revised and a new provision, sub-rule (6), for Interlocutory Application (‘IA’) has been inserted which says:

    • Every IA should be registered and numbered.

    • All IA should be scrutinized within 7 days.

    • Any defects in the application should be removed within 5 days of receipt of communication by the party making IA.

    • In case of exceeding the time limit for removing defects, the IA will be treated as invalid.

  3. Regulation 49 relating to “Fee under clause (a) of sub-section (1) of Section 19 of the Act” has been revised and the provisions relating to IA received under Regulation 15 (6) has been inserted:

  • IA should be accompanied by proof of fee paid.

  • Fee Structure:

    Individual/ HUF: Rs. 500

    Non- Government Organization/ Consumer Association/ Co-operative Society: Rs. 1000

    Firm (including proprietorship, partnership or Limited Liability Partnership)/ Company (including one person company) having turnover in the preceding year upto Rs. 2 crore: Rs. 1000

    Other Cases: Rs. 5000

Note: Section 19(1) of the Competition Act 2002:

19. Inquiry into certain agreements and dominant position of enterprise.—(1) The Commission may inquire into any alleged contravention of the provisions contained in sub-section (1) of Section 3 or sub-section (1) of Section 4 either on its own motion or on—

(a) receipt of any information, in such manner and accompanied by such fee as may be determined by regulations, from any person, consumer or their association or trade association; or

(b) a reference made to it by the Central Government or a State Government or a statutory authority:

Provided that the Commission shall not entertain an information or a reference unless it is filed within three years from the date on which the cause of action has arisen:

Provided further that an information or a reference may be entertained after the period specified in the first proviso if the Commission is satisfied that there had been sufficient cause for not filing the information or the reference within such period after recording its reasons for condoning such delay.

(2) Without prejudice to the provisions contained in sub-section (1), the powers and functions of the Commission shall include the powers and functions specified in sub-sections (3) to (7).

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