Filing of Information
Who can file the information?
Any person, consumer or their association or trade association can file information before the Commission. Central Govt. or a State Govt. or a statutory authority can also make a reference to the Commission for making an inquiry. “Person” includes an individual, Hindu Undivided Family (HUF), firm, company, local authority, cooperative or any artificial juridical person.
What are the issues on which information can be filed?
The information can be filed on the issues like anticompetitive agreements and abuse of dominant position which causes or is likely to cause an appreciable adverse effect on competition in the markets in India.
How to file information before the Competition Commission of India?
[Competition Commission of India (General) Regulations, 2009]
Format 1 is available on the website for filing of information and the link for the same is https://www.cci.gov.in/uploads/filemanager/catalog/HowToFileInformation.pdf
Indicate your complete postal address with PIN code and telephone number, fax number and also electronic mail address.
Indicate your preferred mode of service through which you would like to get reply from the Commission.
Mention legal name and address(es) of the enterprise(s) alleged to have contravened the provisions of the Act and also the legal name and address of the counsel or other authorized representative, if any.
Text of Information:
The information should be in the form of statement of facts, containing details of the alleged contraventions of the Act. A complete list enlisting all documents, affidavits and evidence, as the case may be, in support of each of the alleged contraventions may also be furnished. A succinct narrative in support of the alleged contraventions would help the commission to examine your case expeditiously and in its right perspective.
Mention relief or interim relief which you may seek from the Commission.
Ensure that the information along-with the appendices and attachments is complete and duly verified by you before submitting to the Commission.
The information filed should be signed by the individual himself/ herself, including a sole proprietor of a proprietorship firm, the Karta in the case of an HUF, the Managing Director and in his or her absence, any Director, duly authorized by the board of directors in the case of a company, etc.
Your counsel may also append his or her signature to the information or reference as the case may be.
Whom to address and where to file?
Information or reference or responses to the Commission should be sent to the Secretary, in person or by registered post or courier service or facsimile transmission addressed to the Secretary or to the authorized officer.
However, any separate or additional document(s) you want to rely upon in support of the information, or reference should be filed in the form of a “Paper Book”, at least seven days prior to the date of the ordinary meeting, after serving the copies of the said document(s) on the other parties to the proceedings, with documentary proof of such service. Such documents need to be serially numbered, prefaced by an index and should be supported by a verification.
All information(s) or references or responses or other documents which are required to be filed before the Commission should be typed in Arial 12 fonts on one side of A4 size (210 x 297mm or 8.27”x11.69”) white bond paper in double space with 2” margin on the left and 1” margin on all other sides.
Only neat and legible photocopies or scanned documents duly certified as true copies may be filed as exhibits or annexures.
What are the fees to be paid?
[Regulation 49 of the Competition Commission of India (General) Regulations, 2009]
(1) Each information received under clause (a) of sub-section (1) of section 19 of the Act from any person shall be accompanied by proof of having paid the fee as under-
(a) rupees 5,000 (five thousand) in case of individual or Hindu Undivided Family (HUF), or
(b) rupees 10,000 (ten thousand) in case of Non-Government Organisation (NGO), or Consumer Association, or a Co-operative Society, or Trust, or
(c) rupees 40,000 (forty 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 1,00,000 (one lac) in case of firm (including proprietorship, partnership or Limited Liability Partnership) or company (including one person company) having turnover in the preceding year exceeding rupees two crore and upto rupees 50 crore
(e) rupees 5,00,000 (five lacs) in the cases not covered under clause (a) or (b) or (c) or (d).]
(2) The fee can be paid either by tendering demand draft or pay order or banker’s cheque, payable in favour of Competition Commission of India (Competition Fund), New Delhi or through Electronic Clearance Service (ECS) by direct remittance to the Competition Commission of India (Competition Fund), Account No. 1988002100187687 with Punjab National Bank, Bhikaji Cama Place, New Delhi- 110066.