CCI Amendment: Interlocutory Application Numbering & Fee Regulations

Introduction: The Competition Commission of India (CCI) is undergoing a significant regulatory change with the amendment of the CCI (General) Regulations in 2023. The focus is on the numbering of Interlocutory Applications (IAs) and the associated fees. This move aims to streamline the process, enhance monitoring, and expedite case disposal.

Detailed Analysis:

1. Short Title and Commencement:

• The amendment is introduced through the “Competition Commission of India (General) Amendment Regulations, 2023.”
• The regulations come into force upon publication in the Official Gazette.

2. Definition of Interlocutory Application:

• A new clause is inserted, clearly defining “Interlocutory Application” as an application filed in a case being enquired under Section 19 of the Competition Act, 2002.

3. Registration and Numbering of Interlocutory Applications:

• Regulation 15 is amended to include a new sub-regulation (6), mandating the registration and numbering of every Interlocutory Application filed under Section 19 of the Act.
• Scrutiny of applications is to be carried out in accordance with existing sub-regulations (1) to (5) of Regulation 15.

4. Fee Structure for Interlocutory Applications:

• A new regulation, 49(IA), is introduced, specifying the fee structure for Interlocutory Applications:
  • Rupees 500 for individuals or Hindu Undivided Family (HUF).
  • Rupees 1000 for NGOs, Consumer Associations, Co-operative Societies, and Trusts.
  • Rupees 1000 for firms or companies with a turnover up to rupees two crores.
  • Rupees 5000 for all other cases.

Conclusion: The amendment marks a crucial step towards efficient case management by enforcing a systematic approach to Interlocutory Applications. Stakeholders are encouraged to provide written comments on the draft amendment within the stipulated 21-day period, from December 12, 2023, to January 1, 2024. This regulatory change not only enhances transparency but also invites active participation from relevant parties, ensuring a more inclusive and effective regulatory framework for the Competition Commission of India.

COMPETITION COMMISSION OF INDIA
(SECRETARIAT)

Subject: Amendment in the CCI (General) Regulations 2009: Regarding numbering of Interlocutory Applications and fee thereof;

The Commission is receiving numerous applications in pending cases wherein parties are filing such Interlocutory Applications (IA) on various grounds e.g. adjournment, seeking extension, cross examination, confidentiality ring, third party application, impleadment, misc. applications etc.

In order to monitor and tracking of Interlocutory Application (IA) for speedy disposal of cases, every such Application is required to be registered in running number (No.—-/year) and to be accompanied with a certain fee. Therefore, Amendments as per the Annexure I, are required in CCI (General) Regulation 2009.

The CCI invites stakeholders to submit written comments on the draft Amendment in CCI (General) Regulation 2009 within 21 (twenty-one) days from 12.12.2023 to 01.01.2024.

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THE COMPETITION COMMISSION OF INDIA NOTIFICATION

New Delhi, the ……… December, 2023

The Competition Commission of India (General) Amendment Regulations, 2023

No. ___/ Regl-Gen. (Amdt.)/2023/ CCI — In exercise of the powers conferred by Sections 36 and 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. Short title and commencement.-

(1) These regulations may be called the Competition Commission of India (General) Amendment Regulations, 2023.

(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, in regulation 2, in sub-regulation (1) after clause (f), the following clause shall be inserted, namely:

(fa) “Interlocutory Application” means an application filed in a case being enquired under section 19 of the Act;

3. In the Competition Commission of India (General) Regulations, 2009, in regulation 15, after sub-regulation (5), the following sub-regulation shall be inserted, namely:

(6) Every Interlocutory Application filed in a case being enquired under section 19 of the Act shall be registered and numbered. All such applications shall be scrutinized in terms of the provisions contained in sub-regulations (1) to (5) of this regulation.

4. In the Competition Commission of India (General) Regulations, 2009, regulation 49, after sub-regulation (1), the following sub-regulation shall be inserted, namely:

“(IA) Each Interlocutory Application received under sub-regulation (6) of regulation 15 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 1000 (one thousand) in case of Non-Government Organisation (NGO), or Consumer Association, or Co-operative Society, or Trust or

(c) Rupees 1000 (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

(d) Rupees 5000 (five thousand) in all other cases.”

Secretary

[_______]

Note:— The principal regulations were published in the Gazette of India, Extraordinary, Part Ill, Section 4 vide Notification number R-40007/6/ Reg- General/ Noti/ 04- CCI, dated the 21 st day of May, 2009 and subsequently amended and published in the Gazette of India, Extraordinary, Part Ill, Section 4 vide notifications number L-3(2)/ Regln.-Gen. (Amdt.) 2009-10/CCI dated the 20^th August, 2009; number L-3(2) Regln.- Gen. (Amdt.)/2009-10/CCI dated the 20^th October, 2010; number L-3(2) Regin.-Gen. (Amdt.)/2009-10/CCI dated the 31^st March, 2011; No. L-3 (2)/Regln.-Gen. (Amdt.)/2011/CCI dated the 8^th November, 2011; number L-3 (2)/Regln.-Gen. Amdt./2013/CCI dated the 7^th October, 2013; number L-3 (2)/Regln.-Gen.(Amdt.)/2018/CCI dated the 6^th December, 2018; number L-3 (2)/Regln.-Gen.(Amdt.)/2019/CCI dated the 20^th November, 2019, number L-3 (2)/Regln.-Gen.(Amdt.)/2020/CCI dated the 6^th February, 2020 and number. Regln.-Gen. (Amdt.)/ 2022/ CCI dated the 8^th April, 2022.

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