Filing

ATD

Filing of Information

 

Q.1. 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, corporation, co-operative society or any artificial juridical person.


Q.2. What are the issues on which information can be filed?

The information can be filed on issues related to anticompetitive agreements (including cartelization) and abuse of dominant position.

Q.3. How to file information before the Competition Commission of India?

Information can be filed as per the Format available on the website of the CCI:

https://www.cci.gov.in/uploads/filemanager/catalog/HowToFileInformation.pdf


Further, the contents of the information or the reference, along with the appendices and attachments, are to be complete and duly supported with an affidavit of the person submitting it duly verifying the contents of the same.

Information filed should be signed by the individual himself/ herself, including a sole proprietor of a proprietorship firm; the Karta in the case of a Hindu Undivided Family (HUF); the Managing Director, any other Director or any employee duly authorized by the board of directors in the case of a company; the President or the Secretary or any employee in the case of an association or society or similar body or the person so authorized by the legal instrument that created the association or the society or the body; a partner in the case of a partnership firm or any employee duly authorized by the partnership firm; the chief executive officer (CEO) or any employee/ officer thereof duly authorised by the Board, in the case of a co-operative society or local authority; and in the case of any other person, by that person or by some person duly authorized to act on his behalf.

A reference shall be signed and authenticated by an officer not below the rank of a Joint Secretary to the Government of India or equivalent in the State Government or the Chief Executive Officer or any other officer duly authorised by the Board of the Statutory Authority if the same has been received from the Central Government or State Government or Statutory Authority.

The counsel may also append his or her signature to the information or reference, as the case may be.

All information(s) or references or responses, or other documents which are required to be filed before the Commission shall be typed in Arial 12 fonts on both 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. No filings shall be allowed to be made upon letter-heads of any person.

Only neat and legible photocopies or scanned documents duly certified as true copies may be filed as exhibits or annexes.  Wherever required translated and/ or typed copy should also be filed.

Two copies of each document, in addition to an electronic copy in pdf format, wherever possible, shall be filed (one original and one copy).

 

Q.4. Whom to address and where to file?

Information or reference, and all further communications in respect thereof shall be presented to the Secretary or to an officer authorized in this behalf by the Secretary, in person or sent by registered post or courier service or facsimile transmission addressed to the Secretary or to such authorized officer.

Any separate or additional document(s) that the information provider wishes to rely upon in support of its information or reference, as the case may be, shall be filed in the form of a “Paper Book”, within 14 (fourteen) days of filing the information or reference, as the case may be. Such documents shall be serially numbered, prefaced by an index and shall be duly supported with an affidavit of the person submitting it duly verifying the contents of the same.

An information(s) or reference sent by post or courier service or facsimile transmission, shall be deemed to have been presented to the Secretary or to the officer authorized by the Secretary, on the day on which it is received in the office of the Secretary or the authorized officer, as the case may be.

 

Q.5. What are the fees to be paid?

[Regulation 50 of the Competition Commission of India (General) Regulations, 2024]

(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 6,000 (six thousand) in case of individual or Hindu Undivided Family (HUF), or

(b) rupees 12,000 (twelve thousand) in case of Non-Government Organisation (NGO), or Consumer Association, or a Co-operative Society, or Trust, or

(c) rupees 50,000 (fifty 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 1,25,000 (one lac twenty-five thousand) 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, or

(e) rupees 6,00,000 (six lacs) in the cases not covered under clause (a) or (b) or (c) or (d).

(2) Each Interlocutory Application received under sub-regulation (6) of regulation 16 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 1,000 (one thousand) in case of Non-Government Organisation (NGO), or Consumer Association, or Co-operative Society, or Trust or

(c) Rupees 1,000 (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 5,000 (five thousand) in all other cases.

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”.

 

Q.6. What qualifies as an Interlocutory Application (IA):-

“Interlocutory Application” means an application filed before the Commission during pendency of, a case instituted under section 19 of the Act or proceedings initiated pursuant to a Miscellaneous Application, except submissions made in compliance of any order or direction of the Commission;

The following applications qualify to be IAs:
(a)Application seeking extension of time to file response to any query posed by the Commission, or to file objections/ suggestions to the investigation report, or to file financial statements sought by the Commission;
(b) Application seeking adjournment of any hearing fixed before the Commission;
(c) Application seeking creation of a Confidentiality Ring;
(d) Application seeking cross-examination;
(e) Application seeking condonation of delay in filing of any Information/ submission/ document before the Commission;
(f) Application seeking interim relief;
(g) Application requesting for increasing the number of members to be included in the Confidentiality Ring;
(h) Application requesting for impleadment of any party in the proceedings;
(i) Application seeking removal of or striking out the name of any party from the proceedings;
(j) Application seeking to file additional evidence before the Commission;
(k) Application(s) filed under Section 42, Section 43 or Section 45 of the Competition Act, 2002 alleging contravention of any order passed by the Commission, if filed before the final order is passed in a matter; and
(l) Any other application seeking any kind of relief from the Commission, filed during the pendency of a matter.

Party(s) seeking multiple reliefs should file separate Interlocutory Application(s) for each relief.

 

Q.7. In which cases filing of an Interlocutory Application is not required?

In the following cases, filing of Interlocutory Application is not required:-
(a) Application under Section 46 of the Competition Act, 2002 seeking lesser penalty;
(b) Filing of response before the Commission when directed by the Commission;
(c) Filing of objections/ suggestions to the investigation report, when asked for by the Commission;
(d) Filing of financial statements sought for by the Commission;
(e) Filing of confidentiality requests along with any such response, objections/ suggestions or financial statements;
(f) Filing of vakalatnama/ authority letter or informing of any change therein;
(g) Informing of change in or substitution of any Confidentiality Ring member(s);
(h) Filing of reminders to any pending Interlocutory Application(s); and
(i) Inquiring about the status of any pending matter/ application or seeking expeditious disposal thereof.
(j) Request(s) for inspection and grant of certified copies of documents or records.

 

For complete details of the prescribed procedure for filing Information, please refer to the Competition Commission of India (General) Regulations, 2024, as amended up-to-date.