The Competition Commission of India (CCI) plays a crucial role in regulating competition within the Indian market. Recently, significant amendments have been made to its regulations, aiming to enhance transparency and efficiency.
The amendments to the Competition Commission of India (General) Regulations, 2009, encompass various aspects, including confidentiality, access to information, and procedural timelines. One notable change is the clarification regarding parties seeking confidentiality over information or documents. The requirement for setting out cogent reasons and self-certification aims to ensure the legitimacy of confidentiality claims.
Moreover, the introduction of the concept of a Confidentiality Ring provides a structured framework for handling sensitive information during investigations. Parties involved can request the establishment of a Confidentiality Ring, facilitating controlled access to confidential documents and ensuring fair proceedings.
The amendments also streamline the process for seeking inspection and certified copies of documents. Clear timelines have been defined, emphasizing promptness in filing requests and completing inspections. Additionally, provisions for extending timelines in exceptional cases ensure flexibility while maintaining procedural integrity.
Furthermore, adjustments have been made to inspection and copying fees, aligning them with current market dynamics. The increase in fees aims to cover administrative costs and ensure the sustainability of the Commission’s operations.
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THE COMPETITION COMMISSION OF INDIA
[The Competition Commission of India (General) Amendment Regulations, 2024)]
NOTIFICATION
New Delhi, the 10th May, 2024
(No. 06 of 2024)
No. L-3(2)/ Regl.-Gen. (Amdt.)/ 2024/ 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 to further 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, 2024.
(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 35, in sub-regulation (2), the words “A party seeking confidentiality over the information or the documents furnished by it shall set out cogent reasons for such treatment and shall self-certify that making the document or documents or information or a part or parts thereof public” shall be substituted with the words “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”.
3. In the Competition Commission of India (General) Regulations, 2009, in regulation 35, in sub-regulation (2), after clause (d), after the words “shall provide an undertaking”, the words “in the form of an affidavit” shall be inserted, before the word “authorised”, the word “duly” shall be inserted, and the words “Board or any other equivalent body” shall be substituted with the word “party”.
4. In the Competition Commission of India (General) Regulations, 2009, in regulation 35, in sub-regulations (3), (4) and (5), before the word “document(s)” the words “information or” shall be inserted.
5. In the Competition Commission of India (General) Regulations, 2009, in regulation 35, in sub-regulation (3), the word “information(s)” shall be substituted with the word “information”.
6. In the Competition Commission of India (General) Regulations, 2009, in regulation 35, in the second proviso to sub-regulation (6), the word “documents” shall be substituted with the word “document(s)”.
7. In the Competition Commission of India (General) Regulations, 2009, in regulation 35, after sub-regulation (6), the following sub-regulation shall be inserted:
“(6A) (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 making the request within the said period of 10 (ten) days, it may entertain the request made within a further period of 7 (seven) days.”
8. In the Competition Commission of India (General) Regulations, 2009, in regulation 35, in sub-regulation (7), after the words “filing of undertakings”, the words “in the form of an affidavit” shall be inserted and the word “documents” shall be substituted with the word “document(s)”.
9. In the Competition Commission of India (General) Regulations, 2009, in regulation 35, in the first proviso to sub-regulation (7), after the words “separate undertaking(s) on aforesaid terms”, the words “in the form of an affidavit” shall be inserted.
10. In the Competition Commission of India (General) Regulations, 2009, in regulation 35, in the second proviso to sub-regulation (7), the words “Provided further that the representatives of the parties concerned forming part of Confidentiality Ring” shall be substituted by the words “Provided further that the parties concerned and their members forming part of Confidentiality Ring”.
11. In the Competition Commission of India (General) Regulations, 2009, in regulation 35, after sub-regulation (7), the following sub-regulation shall be inserted:
“(7A) The parties shall file undertakings in terms of sub-regulation (7) above within a period of 10 (ten) days from the date of receipt of the order setting up Confidentiality Ring:
Provided that if the Commission is satisfied that the party was prevented by sufficient cause from filing the undertaking within the said period of 10 (ten) days, it may accept the same filed within a further period of 5 (five) days.
12. In the Competition Commission of India (General) Regulations, 2009, in regulation 35, after sub-regulation (8), the following sub-regulations shall be inserted and accordingly, existing sub-regulations (9) and (10) shall be renumbered as sub-regulations (11) and (12), respectively:
“(9) (1) The parties included in the Confidentiality Ring may make application(s) seeking inspection under regulation 37 read with regulation 50 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 37 read with regulation 50 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.”
“(10) (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. In the Competition Commission of India (General) Regulations, 2009, in regulation 35, sub-regulation (10) (revised sub-regulation 12), before the words “document(s) or part(s) thereof”, the words “information or” shall be inserted.
14. In the Competition Commission of India (General) Regulations, 2009, in regulation 35, in the first proviso to sub-regulation (10) (revised sub-regulation 12), the words “Office of the DG” shall be substituted with the words “Office of the Director General”.
15. In the Competition Commission of India (General) Regulations, 2009, in regulation 37, in sub-regulation (1), after the words “provisions of Section 57”, the words “of the Act” shall be inserted and after the words “and regulation 35”, the words “of these regulations” shall be inserted.
16. In the Competition Commission of India (General) Regulations, 2009, regulation 37, sub-regulation (1), shall end with a colon “:” instead of a full-stop “.”
17. In the Competition Commission of India (General) Regulations, 2009, in regulation 37, in sub-regulation (2), after the words “allow such person inspection”, the words “and/ or grant of certified copies” shall be inserted.
18. In the Competition Commission of India (General) Regulations, 2009, in regulation 37, in the proviso to sub-regulation (3), the words “inspection of documents or copying thereof” shall be substituted by the words “inspection of documents or grant of certified copies thereof”.
19. In the Competition Commission of India (General) Regulations, 2009, in regulation 37, after the proviso to sub-regulation (3), the following second proviso shall be inserted:
“Provided further that for the purposes of inspection and grant of certified copies of confidential documents, the time limits as stipulated under regulation 35 of these regulations, shall apply.”
20. In the Competition Commission of India (General) Regulations, 2009, regulation 37, the first proviso to sub-regulation (3), shall end with a colon “:” instead of a full-stop “.”
21. In the Competition Commission of India (General) Regulations, 2009, the heading of regulation 50 “Inspection and copying charges” shall be substituted with the heading “Inspection and copying fees”.
22. In the Competition Commission of India (General) Regulations, 2009, in regulation 50, in sub-regulation (1), the words “rupees one thousand per day” shall be substituted by the words “rupees two thousand five hundred per day”.
23. In the Competition Commission of India (General) Regulations, 2009, in regulation 50, in sub-regulation (2), the words “Copying Charges for the parties to the proceedings” shall be substituted by the words “Fees for supplying certified copies”.
ANUPAMA ANAND, Secy.
[ADVT.-III/4/Exty./100/2024-25]
Note:– The principal regulations were published in the Gazette of India, Extraordinary, Part III, Section 4 vide Notification number R-40007/6/ Reg- General/ Noti/ 04- CCI, dated the 21st day of May, 2009 and subsequently amended and published in the Gazette of India, Extraordinary, Part III, Section 4 vide notifications number L-3(2)/ Regln.-Gen.(Amdt.) 2009-10/ CCI dated the 20th August, 2009; number L-3(2) Regln.-Gen.(Amdt.)/ 2009-10/ CCI dated the 20th October, 2010; number L-3(2) Regln.-Gen.(Amdt.)/ 200910/ CCI dated the 31st March, 2011; number L-3(2)/ Regln.-Gen.(Amdt.)/ 2011/ CCI dated the 8th November, 2011; number L-3(2)/ Regln.-Gen.(Amdt.)/ 2013/ CCI dated the 7th October, 2013; number L-3(2)/ Regln.-Gen.(Amdt.)/ 2018/ CCI dated the 6th December, 2018; number L-3(2)/ Regln.-Gen.(Amdt.)/ 2019/ CCI dated the 20th November, 2019, number L-3(2)/ Regln.-Gen.(Amdt.)/ 2020/ CCI dated the 6th February, 2020, number L-3(2)/ Regln.-Gen.(Amdt.)/ 2021/ CCI dated the 6th September, 2021, number Regln.-Gen. (Amdt.)/ 2022/ CCI dated the 8th April, 2022, and number L-3(2)/ Regln.-Gen.(Amdt.)/ 2024/ CCI dated the 12th January, 2024.
