The process of electronically filing information as per CCI (General Regulations), 2009 or submission of notice under CCI (Procedure in regard to the Transmission of Business relating to Combinations) Regulations, 2011 via internet is known as “e-filing”.
CCI has introduced an online system of e-filing through its portal "efilingcci.gov.in" wherein electronic version of information / reference / documents can be uploaded by a person, enterprise, consumer or their association, trade association as well as Central Government, State Government or Statutory Authority. “Person”, “Consumer” or “Statutory Authority” is defined under the Competition Act, 2002.
The informant may file information under the provisions of Section 19 of the Competition Act, 2002 and Competition Commission of India (General) Regulations, 2009 relating to anti-competitive practices and abuse of dominance. Similarly any person who proposes to enter into a combination, under the provisions of Section 6 of the Competition Act, 2002 can file notice in Form-I (Procedure in regard to the Transaction in Business relating to Combination) Regulations, 2011.
The person filing the information/notice needs to have a digital signature (DSC) and needs to login using a login ID and a password and fill in the necessary details as are required for manual filing.
In case the information/notice is being filed by a legal practitioner/law firm/chartered accountant/company secretary/cost accountant, the name and address of the advocate/legal practitioner/chartered accountant/company secretary/cost accountants, also needs to be entered besides the name and address of information giver / notifying party(s). In such cases Power of Attorney (vakalatnama) also needs to be uploaded (in case of notices filed under Section 6(2) of the Act an authorisation letter as provided in Notes to Form-I should also be uploaded and labeled as “Authorisation Letter”).
The documents intended to be a part of the filing under the CCI (General Regulation) 2009 need to be uploaded in case of information provided under section 19(1) the documents must provide information relating to the following aspects.A statement of facts;
• Details of the alleged contraventions of the Competition Act, 2002 together with a list enlisting all documents, affidavits and evidence, as the case may be, in support of each of the alleged contraventions;
• A succinct narrative in support of the alleged contraventions;
• Relief sought, if any.
If there are documents on which confidentiality is sought by the applicant then the e-filing Portal also provides the facility of uploading such documents under tab specific for “Uploading Confidential Documents.” Please note that in case of notice filed under Section 6(2) of the Act, only confidential versions are required to be uploaded.
For further details on e-filing please refer the FAQ on e-filing.
Instruction for e-Filing:
1. Registration is free. Once registered, the informant or notifying party can immediately begin e-filing. At the time of registration, the notifying party / informant has to provide a valid email address which is used to send a validation link / activation link. After clicking on the link, sent to the email address provided during registration, the account becomes active and user has to log-in. After first time login in, the user has to register the Digital Signature Certificate (DSC) with the registered account (which is a one-time process) and filing process can begin straight away.
2. In case you have to file an information on antitrust, issues i.e. Section 3 or Section 4 of the Competition Act 2002, click on antitrust.Click on combination in case you intend to submit a notice under Form I of the Combination Regulations.
3. Sharing of User IDs and passwords is prohibited. Access to the online application account is restricted to the individual/firm to whom that account is assigned.
4. If you fail to enter a valid user ID and password combination in three consecutive attempts then your account will be locked.
5. As a registered user of the e-Filing Application, you can change your password any time.
6. The original text material, documents, notice of motion, memorandum of parties, main petition or appeal, as the case may be, and interlocutory applications etc. will be prepared electronically using MS word or Open Office software. The formatting style of the text should be as per Regulation 23 of CCI (General Regulations ) 2009.
7. The documents should be converted into searchable Portable Document Format (PDF) using any PDF converter.
8. In case the document to be uploaded is not a text document and has to be uploaded with the petition, appeal or application or other pleadings, the document should be scanned using an image resolution of 300 dpi (dot per inch) and saved as a PDF document.
9. The maximum permissible size of each file that can be uploaded at the time of e-filing is 20 MB.