Competition Commission of India (General) Amendment Regulations, 2022

THE COMPETITION COMMISSION OF INDIA
NOTIFICATION
New Delhi, the 8th April, 2022
The Competition Commission of India (General) Amendment Regulations, 2022
(No. 2 of 2022)

No. L-3(2)/ Regl- Gen.(Amdt.)/2022/CCI.—In exercise of the powers conferred by Sections 36, 57 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, 2022.

(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, Regulation 35 shall be substituted by the following:-

(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 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 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;

(c) that adequate measures have been taken by the party to guard the secrecy of the information;

(d) that the information cannot be acquired or duplicated by others.

The party claiming confidentiality shall provide an undertaking 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 authorised by the Board or any other equivalent body 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 document(s) with the words ‘restriction of publication claimed’ in red ink on top of the first page and the word ‘confidential’ clearly and legibly marked in red ink near the top on each page together with a non-confidential version thereof, which shall redact/ not contain such information(s) or document(s) or part(s) thereof upon which confidentiality has been claimed.

(4) The non-confidential version of such document(s) shall be an exact copy of the confidential version with the omissions of the confidential information being indicated in a conspicuous manner, as stipulated in sub-regulation (3).

(5) The document(s) or part(s) thereof that have been claimed to be confidential under this regulation shall be segregated from the non-confidential record and kept securely, bearing the title, the docket number of the proceeding, the notation ‘confidential’ and the date on which confidential treatment expires:

Provided that the following shall be marked ‘confidential (search and seizure/ e-mail dumps/ call detail records etc.)’, as the case may be, and shall be kept separately:

(a) documents/ material obtained through search and seizure operations;

(b) e-mail dumps;

(c) call detail records; or

(d) any other document/ material in the nature of personal information.

(6) The Commission may, if considered necessary or expedient, set up Confidentiality Ring(s) comprising of such authorised representatives of the parties, including, but not limited to, the authorised representatives 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 37 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 documents/ 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) Access to unredacted information in terms of sub-regulation (6) shall be provided on filing of undertakings 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 documents 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 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 such undertaking(s):

Provided further that the representatives of the parties concerned forming part of Confidentiality Ring shall be liable to be proceeded against as per the provisions of the Act for breach of undertakings.

(8) The Informant shall not be part of Confidentiality Ring and shall have access to non-confidential records only:

Provided that the Commission may include the Informant in the Confidentiality Ring in appropriate cases, if the inclusion of the Informant in the ring is considered necessary or expedient for effective inquiry.

(9) If the Commission includes in any order or decision or opinion, information that has been claimed confidential under this regulation, the Commission shall make two versions of the order or decision or opinion, as the case may be. The non-confidential 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.

(10) 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 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 employee of the Commission/ Office of the DG shall constitute a ground for initiation of disciplinary proceedings under the relevant rules or regulations, as the case may be:

Provided further that breach of confidentiality by 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 shall be sufficient ground for termination of the engagement or contract, as the case may be.

JYOTI JINDGAR, Secy. (I/C)
[ADVT.-III/4/Exty./14/2022-23]

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 L­3(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.)/2009-10/CCI dated the 31st March, 2011; No. L-3 (2)/Regln.-Gen. (Amdt.)/2011/CCI dated the 8th November, 2011; number L-3 (2)/RegIn.- Gen.Amdt./2013/CCI dated the 7th October, 2013; number L-3 (2)/RegIn.- 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 and number L-3 (2)/Regln.-Gen.(Amdt.)/2021/CCI dated the 6th September, 2021.