微网微信 | 中心微博 | 投稿邮箱
 
亚洲
 中国 
 其他国家 
 
当前位置: 首页 >> 法律法规 >> 亚洲 >> 其他国家 >> 正文
印度竞争立法
2014年11月23日 18:25 

 

PUBLISHED IN THE GAZETTE OF INDIA,EXTRAORDINARY, PART III, SECTION 4 Dated

 

22nd May,

 

2009]

 

THE COMPETITION COMMISSION OF INDIA

 

NOTIFICATION

 

The Competition Commission of India(General) Regulations, 2009

 

(No. 2 of 2009)

 

(No R-40007/6/ Reg- General/ Noti/ 04- CCI)-In exercise of the powers conferred by section 64

 

of the Competition Act, 2002 (12 of 2003)the Competition Commission of India hereby makes

 

the following regulations, namely: –

 

1.

 

Short title and commencement. –

 

2.

 

These regulations may be called theCompetition Commission of India (General)

 

Regulations, 2009.

 

They shall come into force on the date oftheir publication in the Official Gazette.

 

In these regulations, unless the contextotherwise requires, –

 

 

Act” means the Competition Act, 2002 (12 of 2003);

 

Chairperson” means the Chairperson appointed under sub-section (1)of

 

section 8 of the Act;

 

Commission” means the Competition Commission of India established

 

under sub-section (1) of section 7of theAct;

 

Counsel” means a legal practitioner or a chartered accountant or a

 

company secretary or a cost accountant asdefined in the explanation to

 

section 35 of the Act;

 

Director General” means the Director General appointed under sub-

 

section (1) of section 16 of the Act andincludes any Additional, Joint,

 

Deputy or Assistant Directors Generalappointed under that section;

 

expert” means an expert engaged to assist the Commission under sub-

 

section (3) of section 17 of the Act or anexpert called upon to assist the

 

Commission in any inquiry or proceedingunder sub-section (3) of

 

section 36 of the Act;

 

Media” includes newspapers, magazines, periodicals, journals, radio,

 

cinema, television and internet;

 

ordinary meeting”, shall have the same meaning as assigned to it inthe

 

Competition Commission of India (Meetingsfor Transaction of Business)

 

Regulations, 2009;

 

“Party” includes a consumer or an enterpriseor a person defined in

 

clauses (f), (h) and (l) of section 2 ofthe Act respectively, or an

 

information provider, or a consumerassociation or a trade association or

 

Definitions. –

 

1

 

 

the Director General defined in clause (g)of section 2 of the Act, or the

 

Central Government or any State Gov ernmentor any statutory authority,

 

as the case may be, and shall include anenterprise against whom any

 

inquiry or proceeding is instituted andshall also include any person

 

permitted to join the proceedings or anintervener;

 

 

reference” means a reference–

 

received in the Commission from the CentralGovernment or a

 

State Government or a statutory authorityunder clause (b) of sub-

 

section (1) of section 19 of the Act, or

 

received in the Commission from a statutoryauthority under

 

section 21 of the Act for opinion, or

 

sent to a statutory authority for opinionby the Commission under

 

section 21A of the Act, or

 

receivedin the Commission from the Central Government or a

 

State Government for opinion undersub-section (1) of section 49

 

of the Act.

 

Secretary” means the Secretary appointed under sub-section (1) of

 

section 17 of the Act and includes anofficer of the Commission

 

authorized by the Chairperson to functionas Secretary;

 

Tribunal” means Competition Appellate Tribunal established undersub-

 

section (1) of section 53A of the Act;

 

working day” for the office of the Commission at New Delhi or anyother

 

office of the Commission means the day onwhich it functions but does

 

not include Saturday or Sunday or any otherday which is declared to be

 

a public holiday by the Central Governmentunder the Negotiable

 

Instruments Act, 1881 (26 of 1881) for NewDelhi or for such other place,

 

as the case may be.

 

(2)

 

Words and expressions used but not definedin these regulations shall hav e the

 

same meanings respectively assigned to themin the Act or in the Companies

 

Act, 1956 (1 of 1956), as the case may be.

 

3.

 

Powers to determine procedure in certaincircumstances. –

 

In a situation not provided for in theseregulations, the Commission may, for reasons to

 

be recorded in writing, determine theprocedure in a particular case.

 

4.

 

Seal and emblem. –

 

The official seal and emblem ( withtagline) of the Commission shall be such as

 

indicated by a drawing giv en in Annexure.

 

5.

 

Language of the Commission. –

 

The language of the Commission shall beEnglish.

 

Filing of documents in Hindi. –

 

Notwithstanding anything contained in theseregulations, the parties may file

 

documents drawn up in Hindi, if they sodesire:

 

Provided that no information, reference or other papers contained in any

 

language other than English shall beaccepted by the Commission unless the same is

 

accompanied by a true translation thereofin English as stipulated in regulation 7.

 

7.

 

Translation of documents. –

 

Documents that are not filed in Englishshall be translated into English by a translator

 

approv ed by the Commission, from time totime:

 

Provided that a translation, which is agreed to by all the parties tothe

 

proceedings, may be accepted by theCommission, in appropriate cases, as a true

 

translation.

 

8.

 

Holidays to be observed by the Commission.–

 

(1)

 

The head office of the Commission shallobserve, besides Saturday and

 

Sunday, holidays as declared by the CentralGovernment at Delhi under the

 

Negotiable Instruments Act, 1881 (26 of1881).

 

Any other office of the Commission atplaces other than Delhi shall observ e,

 

besides Saturday andSunday,holidays asdeclared by the Central

 

Government under the Negotiable InstrumentsAct,1881(26 of 1881) for such

 

place.

 

(2)

 

9.

 

Computation of time. –

 

(1)

 

Where a period of time dates from a givenday, act or ev ent is prescribed by or

 

allowed under these regulations for doingan act or taking a proceeding, the

 

time shall be reckoned exclusive of thesaid day, or of the day of the act or

 

ev ent, from which the time runs.

 

Where the time prescribed by or allowedunder these regulations for doing an

 

act or taking a proceeding expires on aSaturday or Sunday or on a day on

 

which the office of the Commission isclosed, the act may be done or the

 

proceeding may be taken on the first dayfollowing the Saturday, Sunday or the

 

day on which that office is closed.

 

(2)

 

10.

 

Contents of information or the reference. –

 

(1)

 

The information or reference (except areference under sub-section (1) of

 

section 49 of the Act) shall, inter alia,separately and categorically state the

 

following seriatum-

 

(2)

 

legal name of the person or the enterprisegiving the information or the

 

reference;

 

complete postal address in India fordelivery of summons or notice by the

 

Commission, with Postal Index Number (PIN)code;

 

telephone number, fax number and alsoelectronic mail address, if

 

av ailable;

 

mode of service of notice or documentspreferred;

 

legal name and address(es) of theenterprise(s) alleged to hav e

 

contravened the provisions of the Act; and

 

legal name and address of the counsel orother authorized representative,

 

if any;

 

The information or reference referred to insub-regulation (1) shall contain –

 

(a)

 

(b)

 

a statement of facts;

 

details of the alleged contraventions ofthe Act together with a list enlisting

 

all documents, affidavits and evidence, asthe case may be, in support of

 

each of the alleged contraventions;

 

a succinct narrative in support of thealleged contraventions;

 

relief sought, if any;

 

3

 

(3)

 

such other particulars as may be requiredby the Commission.

 

The contents of the information or thereference mentioned under sub-

 

regulations (1) and (2), alongwith theappendices and attachments thereto, shall

 

be complete and duly verified by the personsubmitting it.

 

11.

 

Signing of information or reference. –

 

(1)

 

An information or a reference or a reply toa notice or direction issued by the

 

Commission shall be signed by –

 

 

the individual himself or herself,including a sole proprietor of a

 

proprietorship firm;

 

the Karta in the case of a Hindu UndividedFamily (HUF);

 

the Managing Director and in his or herabsence, any Director, duly

 

authorized by the board of directors in thecase of a company,

 

the President or the Secretary in the caseof an association or society or

 

similar body or the person so authorized bythe legal instrument that

 

created the association or the society orthe body;

 

a partner in the case of a partnershipfirm;

 

the chief executive officer in the case ofa co-operative society or local

 

authority;

 

in the case of any other person, by thatperson or by some person duly

 

authorized to act on his behalf.

 

(2)

 

A reference shall be signed andauthenticated by an officer not below the rank

 

of a Joint Secretary to the Government ofIndia or equivalent in the State

 

Government or the Chief Executive Officerof the Statutory Authority if the same

 

has been received from the CentralGovernment or State Government or

 

Statutory Authority.

 

Without prejudice to the provisions of thisregulation, the counsel may also

 

append his or her signature to theinformation or reference as the case may be.

 

(3)

 

12.

 

Procedure for filing of information orreference. –

 

(1)

 

Information or reference or responsesthereto to the Commission shall be

 

presented to the Secretary or to an officerauthorized in this behalf by the

 

Secretary, in person or sent by registeredpost or courier service or facsimile

 

transmission addressed to the Secretary orto such authorized officer.

 

Any separate or additional document(s) thata party to the proceedings wishes

 

to rely upon in support of it’sinformation, or reference shall be filed in the form

 

of a “Paper Book”, at least seven daysprior to the date of the ordinary meeting,

 

after serving the copies of the saiddocument(s) on the other parties to the

 

proceedings, with documentary proof of suchservice. Such documents shall be

 

serially numbered, prefaced by an index andshall be supported by a

 

verification.

 

An information(s) or reference sent by postor courier service or facsimile

 

transmission under sub-regulation (1) shallbe deemed to have been presented

 

to the Secretary or to the officerauthorized by the Secretary, on the day on

 

which it is received in the office of theSecretary or the authorized officer, as the

 

case may be.

 

(2)

 

(3)

 

13.

 

Procedure for filing of information orreference in electronic form. –

 

Subject to the provisions of regulation 12,information or a reference to the

 

4

 

 

Commission may be sent by a person or anenterprise to the Secretary in an electronic

 

form duly authenticated with digitalsignature by the subscriber as and when so desired

 

by the Commission through a public notice.

 

Explanation – For the purpose of thisregulation, –

 

(a) “digital signature” means the digitalsignature as defined under clause (p) of

 

section 2 of the Information TechnologyAct, 2000 (21 0f 2000);

 

(b)"electronic form" withreference to an information or a document means the

 

electronic form as defined under clause (r) of section 2 of the Information

 

Technology Act, 2000 (21 0f 2000);

 

(c) “subscriber” means the subscriber asdefined under clause (zg) of section 2

 

of the Information Technology Act, 2000 (21of 2000).

 

14.

 

Powers and functions of the Secretary. –

 

(1)

 

(2)

 

The Secretary shall have the custody ofrecords of the Commission and shall

 

exercise such other functions as may beassigned by the Chairperson.

 

Subject to the Competition Commission ofIndia (Meetings for Transaction of

 

Business) Regulations, 2009, the Secretaryshall circulate to all concerned, the

 

date, time and place of each meeting, asper the directions of the Chairperson.

 

The Secretary shall be the nodal officer onbehalf of the Commission for, –

 

(a) making or receiving all statutorycommunications;

 

(b) entering into any formal relationships,including signing of any

 

memorandum or arrangement, with competitionauthority or any agency of

 

any foreign country, with the priorapproval al of the Commission and

 

the Central Government, as per section 18of the Act.

 

(4)

 

The Commission may sue or be sued in thename of the Secretary and the

 

Commission shall be represented in the nameof the Secretary in all legal

 

proceedings, including appeals before theTribunal.

 

Subject to the provisions of section 51 ofthe Act, the Secretary shall assist the

 

Committee of Members constituted undersub-section (3) of section 51 of the

 

Act for, –

 

(a) preparation and approval of the annualbudget of the Commission;

 

(b) administration of the competition fund.

 

(6)

 

The Secretary shall keep in custody theofficial seal of the Commission. The

 

official seal of the Commission shall notbe affixed to any document including

 

the certified copies of the orders of theCommission, sav e and under the

 

authority in writing of the Secretary.

 

Subject to sub-regulation (1) , to ensure atimely and efficient disposal of the

 

matters brought before the Commission andfor achieving the objectives of the

 

Act, the Secretary shall have the followingpowers and functions, –

 

(a) to receive, endorse and categorize allthe information, references,

 

applications or documents including miscellaneous applications and

 

other documents for transfer of proceedings and application for

 

adjournment, etc.;

 

(b) to check the amount of fee receivedwhere applicable and to ensure the

 

timely deposit of the same in the bank account of the Commission;

 

(c) to scrutinize all information,references, applications or documents so

 

received to find out whether they are in conformity with the rules and

 

(3)

 

(5)

 

(7)

 

5

 

 

regulations;

 

(d) to point out defects in suchinformation(s), references, applications or

 

documents to the parties requiring them to rectify such defects;

 

(e) to serve copy of the information,reference, application or document

 

along with the enclosures to the concerned parties including the

 

Director General, within a reasonable time;

 

(f) to serv e the notice of the date of theordinary meeting of the Commission

 

to consider the information or reference or document to decide if there

 

exists a prima facie case and to convey directions of the Commission

 

for investigation or to issue notice of inquiry after receipt and

 

consideration of the report of the Director General;

 

(g) to bring on recordexecutors,administrators or other legal

 

representatives, in case of death of any party or adjudication of aparty

 

as insolvent, upon an application by any party to the proceedings;

 

(h) to verify the service of notice orother processes and to ensure that the

 

parties are properly served;

 

(i) to requisition records on the directionof the Commission from the

 

custody of any authority;

 

(j) to allow inspection of records of theCommission;

 

(k) to return the documents filed by anyparty or authority on orders of the

 

Commission;

 

(l) to certify and issue copies of theorders of the Commission to the parties;

 

(m) to grant certified copies of documentsfiled in the proceedings to the

 

parties, in accordance with these regulations;

 

(n) to grant certified copies of the ordersof the Commission for publication,

 

in accordance with these regulations;

 

(o) to dispose of all matters relating tothe service of notices or other related

 

processes, applications for issue of fresh notice or for extending the

 

time for or ordering a particular method of service on a party includinga

 

substituted service by publication of notice by way of adv ertisement in

 

the newspaper or putting it on the website, as the case may be;

 

(p) To compile and preserv e record of anyproceeding during an ordinary

 

meeting including:-

 

(i) the chronology of events;

 

(ii) the initiating document;

 

(iii) the notice of the meeting;

 

(iv) report of the Director General, ifany;

 

(v) opinion of expert, if any;

 

(vi) any interim order made;

 

(vii) all documentary evidence filed;

 

(viii) the transcript, if any, of the oralevidence given;

 

(ix) the final order or decision of theCommission;

 

(q) to disclose information subject tosection 57 of the Act;

 

(r) to ensure confidentiality of documentsor evidences or statements or any

 

analysis as per these regulations, by keeping them in safe custody;

 

6

 

 

(s) to undertake maintenance of recordsincluding weeding out of records in

 

accordance with retention schedule in force and in accordance with

 

directions of the Chairperson issued from time to time;

 

(t) to file complaint before the ChiefMetropolitan Magistrate, Delhi for non-

 

compliance with the orders or directions of the Commission under sub-

 

section (3) of section 42 of the Act , if so directed by the Commission.

 

15.

 

Procedure for scrutiny of information orreference. –

 

(1)

 

Each information orreference received inthe Commission shall be

 

scrutinized by the Secretary to checkwhetherit conforms to these

 

regulations and the defects, if any, shallbe communicated to the party

 

within a reasonable time not exceeding , –

 

(a) fifteen days in case of an informationor reference received under

 

clause (b) of sub-section (1) of section 19 of the Act; or

 

(b) seven days in case of a referencereceived under section 21 or sub-

 

section (1) of section 49 of the Act.

 

(2)

 

The information provider referred to inclause (a) of sub-section (1) of section

 

19 of the Act or the Central Government orthe State Government or the

 

statutory authority referred under clause(b) of sub-section (1) of section 19

 

or in sub-section (1) of section 49 of theAct, as the case may be, shall, on

 

receipt of the communication about thedefects under sub-regulation (1),

 

remove the defects within:-

 

(a) thirty days of receiving the intimationin case of an information or

 

reference under clause (b) of sub-section (1) of section 19 of the

 

Act; or

 

(b) fifteen days of receiving theintimation in case of a reference under

 

section 21 or sub-section (1) of section 49 of the Act.

 

(3)

 

In case the defects are not removed by theCentral Government or the State

 

Government or the statutory authority orthe concerned party, as the case

 

may be, as per the provision ofsub-regulation (2), the information or the

 

reference or the application connectedtherewith shall be treated as invalid:

 

Provided that the Central Government or the State Gov ernment or the

 

Statutory Authority or the concerned partyshall be entitled to file fresh

 

information, reference or application forconsideration by the Commission

 

together with applicable fees.

 

(4)

 

(5)

 

In the ev ent of the information havingbeen treated as inv alid under sub-

 

regulation (3), the fee paid on suchinformation shall stand forfeited.

 

Nothing contained herein abov e shallpreclude the Commission from using

 

the contents of such information orreference in any manner as may be

 

deemed fit, for inquiring into any possiblecontrav ention of any provision of

 

the Act:

 

Provided that the time taken in removing the defects in such

 

references shall not count towards theperiod of sixty days provided for giving

 

of opinion by the Commission in sub-section(2) of section 21 or sub-section

 

(1) of section 49 of the Act, as the casemay be.

 

16.

 

Opinion on existence of prima facie case. –

 

(1)

 

The Secretary, after scrutiny and removalof defects, if any, in an information

 

or reference, as the case may be, shallplace the same before the Commission

 

to form its opinion on existence of a primafacie case.

 

7

 

 

(2)

 

In cases of alleged anti-competitiveagreements and/or abuse of dominant

 

position, the Commission shall, as far aspossible, record its opinion on

 

existence of a prima facie case withinsixty days.

 

The Commission shall, as far as possible,hold its first ordinary meeting to

 

consider whether prima facie case exists,within fifteen days of the date of

 

placement of the matter by the Secretaryunder sub -regulation (1).

 

(3)

 

17.

 

Preliminary conference. –

 

(1)

 

(2)

 

(3)

 

The Commission may, if it deems necessary,call for a preliminary conference

 

to form an opinion whether a prima faciecase exists.

 

The Commission may invite the informationprovider and such other person as

 

is necessary for the preliminaryconference.

 

A preliminary conference need not followformal rules of procedure.

 

18.

 

Issue of direction to cause investigationon prima facie case. –

 

(1)

 

Where the Commission is of the opinion thata prima facie case exists, the

 

Secretary shall convey the directions ofthe Commission within seven

 

days to the Director General to investigatethe matter

 

A direction of investigation to theDirector General s hall be deemed to be the

 

commencement of an inquiry under section 26of the Act.

 

(2)

 

19.

 

Communication of order when no prima faciecase found. –

 

If the Commission is of the opinion thatthere exists no prima facie case, the Secretary

 

shall send a copy of the order of theCommission regarding closure of the matter

 

forthwith to the Central Government or theState Government or the Statutory Authority

 

or the parties concerned, as the case maybe, as provided in sub-section (2) of section

 

26 of the Act.

 

20.

 

Investigation by Director General. –

 

(1)

 

The Secretary shall, while conveying thedirections of the Commission under

 

regulation 18, send a copy of theinformation or reference, as the case may be,

 

with all other documents or materials oraffidavits or statements which hav e

 

been filed either along with the saidinformation or reference or at the time of

 

preliminary conference, to the DirectorGeneral.

 

The Commission shall direct the DirectorGeneral to submit a report within

 

such time as may be specified by theCommission which ordinarily

 

shall not exceed sixty days from th e dateof receipt of the directions

 

of the Commission.

 

The Commission may, on an application madeby the Director General, g iv i n g

 

su f f i ci e n t r e a so n s extend thetime for submission of the report by such

 

period as it may consider reasonable.

 

The report of the Director General shallcontain his findings on each of the

 

allegations made in the information orreference, as the case may be, together

 

with all evidences or documents orstatements or analyses collected during the

 

investigation.

 

Provided that when considered necessary,the Director General may, for

 

maintaining confidentiality, submit hisreport in two parts. One of the parts shall

 

contain the documents to which access tothe parties may be accorded and

 

another part shall contain confidential andcommercially sensitive information

 

and documents to which access may bepartially or totally restricted.”

 

(5)

 

Ten copies of the report of the DirectorGeneral, along with a soft copy in

 

8

 

(2)

 

(3)

 

(4)

 

 

document format, shall be forwarded to theSecretary within the time specified

 

by the Commission:

 

Provided that the Secretary may ask for more copies of the report as

 

and when required.

 

(6)

 

If the Commission, on consideration of thereport, is of the opinion that further

 

investigation is called for, it may directthe Director General to make further

 

investigation and submit a supplementaryreport on specific issues within

 

such time as may be specif ied by theCommission but not l at er

 

t han f orty f iv e days.

 

21.

 

Procedure for inquiry under section 26 ofthe Act. –

 

(1)

 

On receipt of the report of the DirectorGeneral, the Secretary shall place the

 

said report before the Commission withinseven days for further orders and,

 

in accordance with the direction of the Commission,forward copies of non

 

confidential version thereof to the CentralGovernment or the State

 

Government or statutory authority or theparties concerned, as the case may

 

be.

 

If the report of the Director General findsno contravention of the provisions of

 

the Act, the Secretary shall within sevendays convey the directions of the

 

Commission for inviting objections orsuggestions to be filed within seven

 

days from the Central Government or theState Government or the statutory

 

authority, or from the parties concerned,as the case may be on such report of

 

the Director General.

 

If the Commission orders closure of thematter on consideration of the

 

objections or suggestions, if any, referredto in sub-regulation (2), and agrees

 

with the findings of the Director General,the Secretary shall convey the orders

 

of the Commission to the Central Governmentor the State Government or the

 

statutory authority or the partiesconcerned, as the case may be.

 

If the Commission, on consideration of theobjections or suggestions, referred

 

to in sub-regulation (2), directs furtherinvestigations in the matter by the

 

Director General or further inquiries inthe matter to be made by an officer of

 

the Commission so authorized by it, theSecretary shall convey within seven

 

days the directions of the Commission tothe Director General or the officer so

 

authorized, as the case may be.

 

On an application made by the officerauthorized by the Commission justifying

 

the production of specified books or otherdocuments, as may be required to

 

make further inquiries under sub-regulation(4), the Commission may direct

 

any person to produce such specified booksor other documents relating to

 

any trade carried out by such person orenterprise, as per the provisions of

 

sub-section (4) of section 36 of the Act.

 

Explanation. – For the purpose of thissub-regulation, the word “officer” shall

 

include the experts and professionalsmentioned under sub-section (3) of

 

section 17 or sub-section (3) of section 36of the Act.

 

(6)

 

On receipt of the report of the DirectorGeneral on further investigation or

 

report of the authorized officer on furtherinquiries, as the case may be, the

 

Secretary shall with the approval of theChairperson fix the meeting of the

 

Commission within seven days forconsideration thereof.

 

If the report of the Director Generalmentioned under sub-regulation (1) finds

 

contrav ention of any of the provisions ofthe Act, the Secretary shall obtain the

 

orders of the Commission for invitingobjections or suggestions from the

 

Central Government or the State Governmentor the statutory authority or the

 

parties concerned, as the case may be.

 

9

 

(2)

 

(3)

 

(4)

 

(5)

 

(7)

 

 

(8)

 

On consideration of the objections orsuggestions from the Central

 

Government or the State Government or thestatutory authority or the parties

 

concerned, or the report of furtherinvestigation or further inquiries, as the case

 

may be, if the Commission is of the opinionthat further inquiry is called for,

 

the Secretary shall fix the meeting of theCommission for consideration

 

thereof, after issue of notice as perregulation 22, to the Central Government

 

or the State Government or the statutoryauthority or the parties concerned, as

 

the case may be.

 

The Secretary shall keep the DirectorGeneral informed of the dates of the

 

meetings of the Commission for inquiryunder sub-section (7) or sub-section

 

(8) of section 26 of the Act for appearingin person or through any of his

 

officers in accordance with the provisionsof section 35 of the Act.

 

(9)

 

22.

 

Mode of service of notice, etc. –

 

(1)

 

Every notice or other document required tobe served on or delivered to any

 

person, under these regulations, may beserved personally or sent by registered

 

post, or by speed post or by courierservice at the address furnished by him or

 

her or it for service, or at the placewhere the person ordinarily resides or carries

 

on business or occupation or works forgain.

 

Additionally, this may also be sent throughfacsimile transmission or by

 

electronic mail. The facsimile transmissionshall contain a cover page giving

 

details of the sender, the subject, date oftransmission, and the recipient’s name

 

and telephone number.

 

An endorsement made by a postal or courieremployee that the addressee or

 

his agent has refused to take delivery ofthe notice shall be deemed to be proof

 

of service by way of refusal.

 

In case, the postal or courier employeereports that the addressee has since left

 

or is not av ailable at the given address,the Commission relying on the

 

information so furnished, may take a viewas it may deem appropriate and may

 

proceed to take steps for substitutedservice.

 

Where summons or notice was properlyaddressed, prepaid and duly sent by

 

registered post acknowledgement due, andthe acknowledgement having been

 

lost or mislaid or for any other reason, hasnot been received by the

 

Commission within thirty days from the dateof issue of summons, the

 

Commission may deem the service to besufficient and may make a declaration

 

accordingly.

 

Where the service of notice is not possibleunder

 

where the addressee cannot be found or isnot

 

effected by way of affixing a copy ofsummons or

 

of the house in which the recipientordinarily

 

deemed to be sufficient in view of Rule 20of

 

Procedure, 1908 (5 of 1908).

 

the abov e referred modes and

 

traceable, the service may be

 

notice on the conspicuous part

 

resides, the service may be

 

Order V of the Code of Civil

 

(2)

 

(3)

 

(4)

 

(5)

 

(6)

 

(7)

 

Where the Commission is satisfied that therecipient of the notice is av oiding

 

service or that for any other reason noticecannot be served in the ordinary way,

 

it shall order service by an adv ertisementin the daily newspaper circulated in

 

the locality where the recipient is lastknown to hav e resided.

 

23.

 

Filings before Commission. –

 

(1)

 

All information(s) or references orresponses thereto, or other documents which

 

are required to be filed before theCommission shall be typed in Arial 12 fonts

 

on one side of A4 size (210 x 297mm or8.27”x11.69”) white bond paper in

 

double space with 2” margin on the left and1” margin on all other sides.

 

Only neat and legible photocopies orscanned documents duly certified as true

 

10

 

(2)

 

 

copies may be filed as exhibits or annexes.

 

(3)

 

Eight copies of each document referred toin sub-regulation (1), in addition to a

 

soft copy in document format, wherev erpossible, shall be filed:

 

Provided that the Secretary may, through public announcement, increase

 

or decrease the number of copies dependingon the number of Members of the

 

Commission and the number of parties to theproceedings:

 

Provided further that the Secretary may, through public announcement,

 

vary the format in which the soft copy isto be filed.

 

24.

 

Power of Commission to join or substituteparties in proceedings. –

 

(1)

 

The Commission, on an application made inwriting, by any party to the

 

proceedings, may combine any number ofpersons or enterprises, whether

 

jointly, jointly and sev erally,separately, or in the alternative, as parties in the

 

same proceedings, in an ordinary meetingif, –

 

(a) any right to relief in respect of, orarising out of, the same act or

 

transaction or series of acts or transactions is alleged to exist insuch

 

applicants, whether jointly, severally or in the alternative ;

 

(b) the applicants can show, to thesatisfaction of the Commission, that

 

common question of law or fact would arise; and

 

(c) the Commission is satisfied thatparticipation ofsuch person or

 

enterprise, as the case may be, is necessary for the determination of

 

the issues before it.

 

(2)

 

(3)

 

If in any proceedings it becomes necessaryto substitute a person or enterprise

 

for an existing party, the Commission, maymake an order of such substitution.

 

On an application made by a party, admittedto the proceedings under sub-

 

regulation (1) or sub-regulation (2), theSecretary shall furnish to the person or

 

enterprise, as the case may be, joined orsubstituted as parties, copies of such

 

documents previously filed in the matter byother parties as may be decided by

 

the Commission within ten days of theorder.

 

No order under sub-regulation (1) orsub-regulation (2) shall affect any prior

 

steps taken in the proceedings.

 

(4)

 

25.

 

Power of Commission to permit a person orenterprise to take part in

 

proceedings. –

 

(1)

 

While considering a matter in an ordinarymeeting, the Commission, on an

 

application made to it in writing, ifsatisfied, that a person or enterprise has

 

substantial interest in the outcome ofproceedings and that it is necessary in

 

the public interest to allow such person orenterprise to present his or its opinion

 

on that matter, may permit that person orenterprise to present such opinion and

 

to take part in further proceedings of thematter, as the Commission may

 

specify.

 

The application referred to insub-regulation (1) shall be accompanied by proof

 

of payment of fees, in accordance withregulation 49.

 

The application referred to insub-regulation (1) shall contain, –

 

(a) legal name of the person or theenterprise making the request;

 

(b) address in India for service of noticeor documents;

 

(c) telephone number, facsimile number andelectronic mail address, if

 

av ailable;

 

(d) the mode of service of notice ordocuments to be used;

 

11

 

(2)

 

(3)

 

 

(e) a concise statement of the matters inissue in the proceedings which

 

affect the person or the enterprise making the request;

 

(f) documents or affidavits or evidence insupport of the statement, with

 

a list thereof.

 

(4)

 

On an order made under sub-regulation (1),–

 

(a) on an application made by a party,Secretary shall furnish to the person

 

or enterprise permitted to participate in the proceedings, copies of

 

such documents previously filed in the matter by other parties as may

 

be decided by the Commission within ten days of the order;

 

(b) the person or enterprise permitted toparticipate in the proceedings shall

 

furnish copies of all documents filed under sub-regulation (3) to allother

 

parties to the proceedings within ten days of the order.

 

26.

 

Power to strike out unnecessary party. –

 

The Commission may, on an application by aparty to the proceedings before it, during

 

an ordinary meeting, stating that no reliefhas been claimed by or against him or that

 

no relief has to be granted to or againsthim, permit the striking out of such party from

 

the proceedings.

 

27.

 

Power of Commission to join multiple information.–

 

(1)

 

At any time after receipt of an informationor a reference or an application, the

 

Commission, if satisfied that the matterraised in any information or reference or

 

application received subsequently isdirectly and substantially similar, may

 

consolidate two or more similar informationor references or applications, as the

 

case may be, for consideration.

 

At any time after receipt of an informationor a reference for investigation from

 

the Commission under sub-section (1) ofsection 26 of the Act, the Director

 

General, if satisfied, that the matterraised in any information or reference

 

received subsequently for investigationfrom the Commission is directly and

 

substantially similar, may request theCommission to consolidate such similar

 

information or references, as the case maybe, for common investigation.

 

Where the Commission consolidates two ormore information or references or

 

applications, in accordance withsub-regulation (1) and sub-regulation (2), –

 

(a) each such information or references, asthe case may be, shall

 

continue to be separately identified by its own docket number;

 

(b) pending consolidation of information orreferences by the

 

Commission, the Director General may continue to investigate the

 

matters.

 

28.

 

Amendment of information. –

 

The Commission may permit amendment of anyinformation, upon an application made

 

in this regard but such amendment shall notbe allowed if it substantially changes the

 

nature and scope of the information.

 

29.

 

Manner of making submissions or argumentsby parties before Commission.

 

(1)

 

Without prejudice to sub-section (1) ofsection 36 of the Act, the parties to the

 

proceedings or their authorizedrepresentatives, as the case may be, shall

 

declare to the Commission at the earliest opportunitywhether they would make

 

oral submissions or file written argumentsduring the course of an inquiry under

 

section 26 of the Act:

 

Subject to sub-regulation (1), theCommission may fix or limit the time during

 

which the oral submissions or writtenarguments shall be addressed or filed by

 

12

 

(2)

 

(3)

 

(2)

 

 

the parties or their authorizedrepresentatives, as the case may be, before it and

 

may proceed to decide a matter in theabsence of the party which does not

 

abide by such timings as per regulation 30.

 

30.

 

Power of the Commission to continueproceedings in absence of party. –

 

(1)

 

Where on the day fixed for any particularmatter during an ordinary meeting,

 

including the day of the meeting re-fixedon adjournment, if any party or parties

 

to the proceeding do not appear ev en afterservice of notice or having noted the

 

date, the Commission may decide to continueproceedings in the absence of

 

party or parties, as the case may be, andpass appropriate orders as it deems fit.

 

If any party refuses access to or otherwisedoes not provide necessary

 

information within the stipulated time orsignificantly impedes investigation, the

 

Commission may pass such order as it may deemfit on the basis of available

 

facts.

 

Where an order has been passed by theCommission under sub-regulation (1) or

 

sub-regulation (2) and the party shows thatit was prevented from participating in

 

the proceeding before the Commission and/orfurnishing the information

 

required, for reasons beyond its control,the Commission, on being satisfied,

 

may recall the order.

 

(2)

 

(3)

 

31.

 

Interim order. –

 

(1)

 

Where the Commission, during an inquiry,has, by an order, temporarily

 

restrained any party from carrying on anyact in contrav ention of sub-section (1)

 

of section 3 or sub-section (1) of section4 of the Act, until the conclusion of such

 

inquiry or until further orders, undersection 33 of the Act, such order, if any, shall

 

be signed and dated by the Members,including a dissenting note by the

 

dissenting Member, if that be the case, andshall be made at the earliest .

 

Where during an inquiry, the Commission haspassed interim order, referred to

 

in sub-regulation (1), it shall hear theparty against whom such an order has been

 

made thereafter, as soon as possible.

 

Where in a case an interim order underSection 33 of the Act has been passed, a

 

final order, as far as possible, shall bepassed by the Commission, within ninety

 

days from the date of interim order.

 

(2)

 

(3)

 

32.

 

Final order. –

 

(1)

 

(2)

 

(3)

 

Every order of the Commission shall besigned and dated by the Members

 

including a dissenting note by thedissenting Member, if that be the case.

 

Every order or decision of the Commissionshall, as far as practicable, be made

 

within twenty-one working days from thedate of conclusion of final arguments.

 

A copy of the order duly certified by theSecretary or such other officer

 

authorized by the Secretary shall be served on the parties to the proceeding as

 

provided in regulation 22 within four weeksof the date of the order.

 

33.

 

Reference from statutory authority or theCentral Government or a State

 

Government. –

 

(1)

 

A reference from statutory authority undersection 21 of the Act or The Central

 

Government or State Government undersection 49 of the Act for opinion made

 

to the Commission shall contain suchparticulars as may be specified by the

 

Commission.

 

Without prejudice to sub-regulation (1), areference from statutory authority

 

under section 21 of the Act, shallcontain:-

 

(a) the specific proposition of law or factor specific issue or policy or any

 

other matter relating to competition on which the opinion is solicited;

 

13

 

(2)

 

 

(b) background and historical data relevantfor the determination of the

 

proposition or the issue or the policy or any other matter;

 

(c) duly authenticated copies of therelevant statutes including the rules,

 

the regulations, the notifications, the orders as considered necessary,

 

if applicable;

 

(d) duly authenticated and updated list ofthe parties with their complete

 

addresses, telephone numbers, fax numbers, e-mail addresses;

 

(e) proof of having informed the partiesconcerned about the matter

 

having been referred to the Commission for opinion under section 21

 

of the Act, if applicable.

 

(3)

 

(4)

 

The time to be reckoned for giving opinionon such reference under section 21

 

of the Act shall be subject to the provisoto sub-regulation (5) of regulation 15.

 

On being satisfied that the reference iscomplete, the Secretary shall place it

 

during an ordinary meeting of theCommission and seek necessary instructions

 

regarding the parties to whom notice ofmeeting is to be issued.

 

The Secretary shall give notice of theordinary meeting to the said parties giving

 

not less than seven days, in the mannerspecified, to take part in the

 

proceedings.

 

The parties to whom the notices are issuedunder sub-regulation (5), may file

 

comments or reply to the notice afterhaving serv ed a copy thereof to each party

 

at least sev en days prior to the date ofthe ordinary meeting, if applicable.

 

The Commission may call upon arepresentative of the statutory authority or the

 

Central Government or the State Governmentor an expert in the field for

 

discussion or evidence as it may considernecessary in the matter.

 

The Commission may collect particulars andinformation from any person or

 

enterprise or Central or State Governmentor statutory authority, which in its

 

opinion is relevant to the referencereceived by the Commission.

 

The Commission may form an opinion and sendthe same to the concerned

 

parties and seek their objections and/orsuggestions thereon within the time

 

decided by it and after considering suchobjections or suggestions it shall give

 

its final opinion to the statutoryauthority or the Central Government or the State

 

Government, as the case may be.

 

(5)

 

(6)

 

(7)

 

(8)

 

(9)

 

34.

 

Reference by the Commission to statutoryauthority for opinion. –

 

(1)

 

A reference from the Commission to anystatutory authority for opinion under

 

section 21A of the Act shall contain,–

 

(a) the specific proposition of law or factor specific issue relating to

 

competition on which the opinion is solicited;

 

(b) background and historical data relevantfor the determination of the

 

proposition or the issue;

 

(c)

 

duly authenticated copies of the Act, therelevant rules and

 

regulations framed thereunder, thenotifications and the orders, if

 

any, passed by the Commission in thepending matter as

 

considered necessary;

 

(d) duly authenticated and updated list ofthe parties with their complete

 

addresses, telephone numbers, fax numbers, e-mail addresses

 

etc.;

 

14

 

 

(e) proof of the Secretary having informedthe parties concerned about

 

the matter having been referred to the statutory authority for opinion

 

under section 21A of the Act;

 

(f) the Secretary shall certify that thereference being forwarded is in

 

conformity with clauses (a) to (e);

 

(2)

 

Where the statutory authority seeksadditional information in the reference

 

made, the Secretary shall, as far aspracticable, provide such additional

 

information to the concerned statutoryauthority within fifteen days of receipt of

 

the same from the statutory authority.

 

In case the opinion is not received fromthe statutory authority within sixty days

 

of forwarding a reference undersub-regulation (1) or sub-regulation (2), the

 

Secretary shall place the matter during anordinary meeting of the Commission

 

for further orders;

 

On receipt of the opinion from thestatutory authority by sub-section (2) of

 

section 21A of the Act, the Secretary shallplace the same during an ordinary

 

meeting of the Commission for orders.

 

(3)

 

(4)

 

35.

 

Confidentiality. –

 

(1)

 

(2)

 

The Commission shall maintainconfidentiality of the identity of an informant on

 

a request made to it in writing.

 

Any party may submit a request in writingto the Commission or the Director

 

General, as the case may be, that adocument or documents, or a part or parts

 

thereof, be treated confidential.

 

A request under sub-regulation (2) may bemade only if making the document

 

or documents or a part or parts thereofpublic will result in disclosure of trade

 

secrets or destruction or appreciablediminution of the commercial value of any

 

information or can be reasonably expectedto cause serious injury.

 

A request under sub-regulation (2) shall beaccompanied with a statement

 

setting out cogent reasons for suchtreatment and to the extent possible the

 

date on which such confidential treatmentshall expire.

 

Where such document or documents, or a partor parts thereof, form part of

 

the party’s written submissions, the partyshall file a complete version with the

 

words “restriction of publication claimed”in red ink on top of the first page and

 

the word ‘confidential’ clearly and legiblymarked in red ink near the top on

 

each page together with a public version,which shall not contain such

 

document or documents or part or partsthereof.

 

The public version of such writtensubmissions shall be an exact copy of the

 

confidential version with the omissions ofthe confidential information being

 

indicated in a conspicuous manner, asstipulated in sub-regulation (5).

 

[***]

 

On receipt of a request undersub-regulation (2), the Commission or the

 

Director General, as the case may be, ifsatisfied, shall direct that the

 

document or documents or a part or partsthereof shall be kept confidential for

 

the time period to be specified.

 

Provided that the Commission or theDirector General, as the case may be, if

 

satisfied, may give such confidentialtreatment to any other information or

 

document or part thereof also in respect ofwhich no request has been made by

 

the party which has furnished suchinformation or the document.

 

(9)

 

The Commission or the Director General, asthe case may be, may also

 

15

 

(3)

 

(4)

 

(5)

 

(6)

 

(7)

 

(8)

 

 

consider the following while arriving at adecision regarding confidentiality: –

 

(a) the extent to which the information isknown to outside public;

 

(b) the extent to which the information isknown to the employees,

 

suppliers, distributors and others involved in the party’s business;

 

(c) the measures taken by the party toguard the secrecy of the

 

information;

 

(d) the ease or difficulty with which theinformation could be acquired or

 

duplicated by others.

 

(10)

 

In case the Director General has rejectedthe request of the party made under

 

sub-regulation (2), the party may approachthe Commission for a decision

 

regarding confidential treatment.

 

Where the Director General or the Commission has rejected the request for

 

confidential treatment of a document ordocuments or a part or parts thereof

 

and has informed the party of itsintention, such document or documents or

 

part or parts thereof shall, subject tosub-regulation (13), not be treated as

 

confidential.

 

[***]

 

The document or documents or a part orparts thereof that hav e been granted

 

confidential treatment under this regulationshall be segregated from the public

 

record and secured in a sealed env elope orany other appropriate container,

 

bearing the title, the docket number of theproceeding, the notation

 

confidential record under regulation 35” and the date on which confidential

 

treatment expires.

 

If the Commission includes in any order ordecision or opinion, information that

 

has been granted confidential treatmentunder this regulation, the Commission

 

shall file two versions of the order ordecision or opinion. The public version

 

shall omit the confidential informationthat appears in the complete v ersion, be

 

marked “subject to confidentialityrequirements under regulation 35” on the first

 

page, shall be serv ed upon the parties,and shall be included in the public

 

record of the proceeding. The completeversion shall be placed in the

 

confidential record of the proceeding asprovided in sub-regulation (13).

 

Any person or party, including any officeror employee appointed by the

 

Commission under sub-section (1) of section17 of the Act and any expert or

 

professional engaged by the Commissionunder sub -section (3) of section 17

 

of the Act or any expert called upon toassist the Commission under sub-

 

section (3) of section 36 of the Act privyto the contents of the document or

 

documents or a part or parts thereof thathav e been granted confidential

 

treatment under this regulation shallmaintain confidentiality of the same and

 

shall not use or disclose or deal with suchconfidential information for any other

 

purpose other than the purposes of the Actor any other law for the time being

 

in force:

 

Provided that breach of confidentiality by any officer or employee of

 

the Commission appointed under sub-section(1) of section 17 of the Act shall

 

constitute a ground for initiation ofdisciplinary 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 Commissionunder sub-section (3) of section 17

 

(11)

 

(12)

 

(13)

 

(14)

 

(15)

 

16

 

 

of the Act or any expert called upon toassist the Commission under sub-

 

section (3) of section 36 of the Act shallbe sufficient ground for termination of

 

the engagement or contract, as the case maybe.

 

36.

 

Compliance of orders of Commission. –

 

The Commission shall hav e power to directthe parties concerned to file an affidavit of

 

compliance of its order or such otherdocuments in the manner specified in its order.

 

37.

 

Inspection and certified copies ofdocuments. –

 

(1)

 

Subject to the provisions of Section 57 andregulation 35, a party to any

 

proceeding of an ordinary meeting of theCommission may on an application

 

in writing in that behalf, addressed to theSecretary, be allowed to inspect or

 

obtain copies of the documents or recordssubmitted during proceedings on

 

payment of fee as specified in regulation50.

 

Provided further that no request forinspection or certified copies of internal

 

documents shall be allowed.

 

(2)

 

The Commission may, on an application of aperson, who is not a party to the

 

proceedings, on sufficient causedemonstrated, allow such person inspection of

 

documents or records mentioned insub-regulation (1) on payment of fee as

 

specified in regulation 50.

 

An inspection shall be allowed only in thepresence of an officer so authorized

 

by the Secretary:

 

Provided that the inspection of documents or copying thereof as per

 

sub-regulation (1) or sub-regulation (2)shall be allowed under the supervision of

 

and subject to the time limits to bespecified by the Secretary or an officer

 

authorized by him in this behalf.

 

(4)

 

An officer of the Central or StateGovernment or the Director General or a

 

statutory authority shall be allowedinspection and obtain copies of documents

 

or records mentioned in sub-regulation (1)on making written request to the

 

Secretary for the purpose.

 

[***]

 

Continuation of proceedings after death ofa party or adjudication of a party as

 

insolvent. –

 

Where a party to a proceeding in anordinary meeting of the Commission dies or is

 

adjudged insolvent or, in the case of acompany, being wound up, the proceeding shall

 

not abate and may be continued by oragainst the executor, administrator or other

 

legal representative of the parties or byor against the assignee, receiver or liquidator,

 

as the case may be.

 

40.

 

Effect of non-compliance. –

 

Failure to comply with any requirement ofthese regulations shall not invalidate any

 

proceeding, merely by reason of suchfailure, unless the Commission is of the view

 

that such failure has resulted in miscarriageof justice.

 

(3)

 

38.

 

39.

 

17

 

 

41.

 

Taking of evidence. –

 

(1)

 

Subject to the provisions of the Act, theCommission or the Director General, as

 

the case may be, may determine the mannerin which evidence may be

 

adduced in the proceedings before them.

 

Without prejudice to sub-regulation (1),the Commission or the Director General,

 

for the purpose of inquiry orinvestigation, as the case may be, may –

 

(a) admit evidence taken in the form ofverifiable transcripts of tape

 

recordings, unedited versions of video recording, electronic mail,

 

telephone records including authenticated mobile telephone

 

records, written signed unsworn statements of individuals or

 

signed responses to written questionnaires or interviews or

 

comments or opinions or analyses of experts based upon market

 

surveys or economic studies or other authoritative texts or

 

otherwise, as material evidence;

 

(b) admit on record every documentpurporting to be a certificate,

 

certified copy or other document, which is by law declared to be

 

admissible as evidence of any particular fact provided it is duly

 

certified by a gazetted officer of the Central Government or by a

 

State Government or a statutory authority, as the case may be or a

 

Magistrate or a Notary appointed under the Notaries Act, 1952 (53

 

of 1952) or the Secretary of the Commission;

 

(c) admit the entries in the books ofaccount, including those maintained

 

in an electronic form, regularly kept in the course of business,

 

including entries in any public or other official book, register or

 

record or an electronic record, made by a public serv ant in the

 

discharge of his official duty, or by any other person in performance

 

of a duty specially enjoined by the law of the country in which such

 

book, register or record or an electronic record is kept, as

 

documentary evidence;

 

(d) admit the opinion of any personacquainted with the handwriting of

 

the person by whom a document is supposed to have been written

 

or signed, as relev ant fact to prove the handwriting of the person by

 

whom the document was written or signed;

 

(e) admit the opinion of the handwritingexperts or the experts in

 

identifying finger impressions or the persons specially skilled in

 

interpretation of foreign law or of science or art;

 

(f) take notice of the facts of whichnotice can be taken by a court of law

 

under section 57 of the Indian Evidence Act, 1872 (1 of 1872);

 

(g) accept the facts, which parties to theproceedings admit or agree in

 

writing as proved;

 

(h) presume that any document purporting tobe a certified copy of any

 

record of any authority, court or government of any country not

 

forming part of India as genuine and accurate, if the document

 

purports to be certified in any manner which Is certified by any

 

representative of the National Government of such country to be

 

the manner commonly in use in that country for the certification of

 

copies of such records, including certification by the Embassy or

 

the High Commission of that country in India.

 

(i) admit such documents includingelectronic records in evidence as may

 

be considered relevant and material for the proceedings.

 

18

 

(2)

 

 

(3)

 

Subject to the provision of sub-regulation(2), the following sections of the Indian

 

Evidence Act, 1872 (1 of 1872), in so faras they are applicable to the matters

 

relating to, –

 

(a) section 22-A –when oral admission as tocontents of electronic

 

records are relev ant;

 

(b) section 47-A - opinion as to digitalsignature when relev ant;

 

(c) section 65-B - admissibility ofelectronic records;

 

(d) section 67-A - proof as to digitalsignature;

 

(e) section 73-A - proof as to verificationof digital signature;

 

(f) section 81-A - presumption as toGazettes in electronic forms;

 

(g) section 85-A - presumption as toelectronic agreements;

 

(h) section 85-B - presumption as toelectronic records and electronic

 

signatures;

 

(i) section 85-C - presumption as todigital signature certificates;

 

(j) section 88-A - presumption as toelectronic messages;

 

(k) section 89 – presumption as to dueexecution etc., of documents not

 

produced;

 

(l) section 90-A - presumption as toelectronic records five years old;

 

may be applicable for the purpose of inquiry or investigation, by the

 

Commission or the Director General, as thecase may be.

 

(4)

 

(5)

 

The Commission or the Director General, asthe case may be, may call for the

 

parties to lead evidence by way ofaffidavit or lead oral evidence in the matter.

 

If the Commission or the Director General,as the case may be, directs evidence

 

by a party to be led by way of oralsubmission, the Commission or the Director

 

General, as the case may be, if considerednecessary or expedient, grant an

 

opportunity to the other party or parties,as the case may be, to cross examine

 

the person giving the evidence.

 

The Commission or the Director General, asthe case may be, may, if

 

considered necessary or expedient, directthat the evidence of any of the parties

 

to be recorded by an officer or persondesignated for the said purpose.

 

TheCommission may direct the parties to file written note of arguments or

 

submissions in the matter.

 

(6)

 

(7)

 

42.

 

Supporting of facts by filing of affidavit.–

 

(1)

 

The Commission or the Director General, asthe case may be, may at any

 

time, for sufficient reason, order that anyparticular fact or facts may be

 

supported by affidavit.

 

Every affidavit shall be typed in Arial 12fonts on one side of A4 size (210 x

 

297 mm or 8.27” x 11.69”) white bond paperin double space with 2” margin on

 

the left and 1” margin on all other sides.

 

Every affidavit shall clearly state thecause or matter in which it is sworn.

 

Every affidavit shall be drawn up in thefirst person, and shall be divided into

 

paragraphs to be numbered consecutively,and shall state the description,

 

occupation and the true place of residenceof the deponent.

 

(2)

 

(3)

 

(4)

 

19

 

 

(5)

 

Affidavits for the purposes of any cause ormatter before the Commission may

 

be sworn before any Court or Magistrate ora Notary appointed under the

 

Notaries Act, 1952 (53 0f 1952) or anyofficer or other person a High Court

 

may appoint in this behalf or any officerappointed by any other Court which

 

the State Government has generally orspecially empowered in this behalf vide

 

authority mentioned in section 139 of theCode of Civil Procedure, 1908 (15 of

 

1908).

 

Every exhibit annexed to an affidavit shallbe marked with the title and number

 

of the cause or matter and shall beinitialled and dated by the authority before

 

whom it is sworn.

 

No affidavit having any interlineations,alteration or erasure shall be filed in

 

Commission or the Director General, as thecase may be, unless the

 

interlineations or alteration is initialledor unless in the case of an erasure the

 

words or figures written on the erasure arere-written in the margin and

 

initialled, by the authority before whom,the affidavit is sworn.

 

The Commission or the Director General, asthe case may be, may refuse to

 

receive an affidavit where in its opinionthe interlineations, alterations or

 

erasures are numerous as to make itexpedient that the affidavit should be re-

 

written.

 

Where a specific time is given for filingaffidavits, no affidavit filed after that

 

time shall be used except by leave of theCommission or the Director General,

 

as the case may be.

 

In these regulations, ‘affidavit’ includesa document required to be sworn,

 

affirmed or verified. In the verificationof petitions and other proceedings,

 

statements based on personal knowledgeshall be distinguished from

 

statement based on information and belief.

 

The Commission or Director General may,during the course of the

 

proceedings, where considered necessary andexpedient, in the interest of

 

justice, relax any or all of the aboveprovisions in this regulation.

 

(6)

 

(7)

 

(8)

 

(9)

 

(10)

 

(11)

 

43.

 

Production of additional evidence beforeCommission. –

 

(1)

 

The parties to the proceedings shall not beentitled to produce before the

 

Commission additional evidence, either oralor documentary, which was in the

 

possession or knowledge but was notproduced before the Director General

 

during investigation under section 26 orsub-section (1A) of section 29 of the

 

Act, but if the Commission requires anydocument to be produced or any

 

witness to be examined or any affidavit tobe filed to enable it to pass orders or

 

for any other substantial cause, or if theDirector General has not given

 

sufficient opportunity to the party toadduce evidence, the Commission, for

 

reasons to be recorded, may allow suchdocument to be produced or witness to

 

be examined or affidavit to be filed or mayallow such evidence to be adduced.

 

Such document may be produced or such witnessexamined or such evidence

 

adduced either before the Commission orbefore such authority as the

 

Commission may direct.

 

If the document is directed to be producedor witness examined or evidence

 

adduced before any authority, he or sheshall comply with the direction of the

 

Commission and after compliance send thedocument, the record of the

 

deposition of the witness or the record ofthe evidence adduced, to the

 

Commission.

 

Additional evidence/document shall be madeavailable by the Commission to

 

the parties to the proceedings other thanthe party adducing the evidence and

 

(2)

 

(3)

 

(4)

 

20

 

 

they may be afforded an opportunity torebut the contents of the said additional

 

evidence.

 

44.

 

Power of Commission to call for informationetc. –

 

(1)

 

The Commission may, at any time beforepassing orders in a proceeding,

 

require any of the parties or any otherperson whom the Commission considers

 

appropriate, to produce such documents orother material objects as evidence

 

as the Commission may consider necessaryfor the purpose of enabling it to

 

pass orders.

 

The Commission or the Director General, asthe case may be, may direct the

 

summoning of the witnesses, discov ery andproduction of any document or

 

other material objects producible inevidence, requisition of any public record

 

from any office, examination by an officerof the Commission the books,

 

accounts or other documents or informationin the custody or control of any

 

person which the Commission considers relevant for the purpose.

 

The Commission or the Director General, asthe case may be, at any time,

 

summon and enforce the attendance of anyperson and examine him, or cause

 

him to be examined on oath.

 

(2)

 

(3)

 

45.

 

Power of Commission or Director General toissue commissions for examination

 

of witnesses or documents. –

 

(1)

 

Subject to the provisions of clause (d) ofsub-section (2) of section 36 and sub-

 

section (2) of section 41 of the Act, theCommission or the Director General, as

 

the case may be, either on its or his ownmotion or on an application made by a

 

party to any proceeding before theCommission or the Director General, may

 

issue a commission for the examination onquestionnaires or otherwise of the

 

specified witness (es), –

 

(a) residing within India;

 

(b) who is about to leave India before thedate on which he or she is

 

required to be examined as a witness;

 

(c) Who, being in the service of theCentral Government, a State

 

Government or a statutory authority, cannot, in the opinion of the

 

Commission or the Director General, as the case may be, attend

 

without detriment to the public service;

 

(d) who is unable to attend due to sicknessor infirmity;

 

(e) who resides at a place which is morethan fiv e hundred kilometres

 

distance from the office of the Commission or the Director General, as

 

the case may be, and whose attendance, in theopinion of the

 

Commission or the Director General, as the case may be, cannot be

 

procured without incurring unnecessary expense within the stipulated

 

time;

 

(f) not being covered under any of the situationsmentioned in clauses (a)

 

to (e), if his or her evidence is considered necessary in the interestof

 

justice.

 

(2)

 

Subject to the provisions of sub-regulation(1), the Commission or the Director

 

General, as the case may be, either on its orhis own motion or on an

 

application made by a party to anyproceeding before the Commission or the

 

Director General, may also issue acommission for the examination on

 

questionnaires or otherwise of any witnessresiding at any place not within

 

India if satisfied that the evidence ofsuch witness is necessary and may issue

 

a letter of request to the Indian HighCommission or the Indian Embassy to

 

21

 

 

facilitate the execution of the commission,under this regulation.

 

(3)

 

Subject to the provisions of sub-regulations(1) and (2), the Commission or the

 

Director General, as the case may be,either on its or his own motion or on an

 

application made by a party to anyproceeding before the Commission or the

 

Director General, may also issue acommission for the examination of specific

 

document(s) whether av ailable in any placesituated within or without India and

 

whether or not held in the custody of anywitness being examined on

 

questionnaires as per sub-regulations (1)and (2).

 

A commission for the examination of awitness on questionnaires or otherwise

 

or for examination of a document issuedunder sub-regulation (1) or (2) or (3)

 

may be issued to any public serv ant withinthe meaning of section 21 of the

 

Indian Penal Code (45 of 1860) or a counseland such public servant or the

 

counsel, as the case may be, shall beappointed as “the commissioner” only for

 

the purposes of executing the commission.

 

Every public servant or the counsel,referred to in sub-regulation (4), upon

 

receiving a commission under sub-regulation(4) shall examine the witness or

 

the document, as the case may be, or causethe witness or the document to be

 

examined pursuant thereto and on dueexecution, shall return the commission

 

together with the evidence taken under itto the Commission or the Director

 

General, as the case may be.

 

The Commission or the Director General, asthe case may be, shall furnish the

 

commissioner appointed under sub-regulation(4) with such part of record of

 

the proceedings and such instructions asappear necessary and the

 

instructions shall distinctly specify thatthe commission is restricted to finding

 

the facts through the examination asdirected and the Commissioner is merely

 

required to transmit the record of theproceedings to the Commission on

 

completion of the examination.

 

Any Commissioner appointed under thisregulation may, unless otherwise

 

directed by the order of appointment –

 

(a) examine the witness himself;

 

(b) call for and examine the documents andother things relev ant to the

 

subject of inquiry.

 

(8)

 

The Commission or the Director General, asthe case may be, issuing a

 

commission under this regulation shall fixa date on or before which the

 

commission shall be returned afterexecution, and the date so fixed shall not be

 

extended except, for reasons to berecorded, the Commission or the Director

 

General, as the case may be, is satisfiedthat there is sufficient cause for

 

extending the date.

 

(4)

 

(5)

 

(6)

 

(7)

 

46.

 

Authorizing a representative to appear. –

 

(1)

 

Subject to the provisions of section 35 ofthe Act, in any proceeding, where the

 

pleading is also signed by an authorizedrepresentative, the party shall append

 

a letter in the manner specifiedauthorizing the representative to appear for

 

him or her or it, as the case may be.

 

The authorized representativeshall not beallowed to represent the party

 

unless such authorization letter is filedbefore the Secretary before

 

commencement of the ordinary meeting.

 

No misconduct on the part of any authorizedrepresentative, appearing for and

 

on behalf of any party during continuanceof a proceeding before the

 

Commission shall be permitted and theCommission in appropriate

 

circumstances, for reasons to be recordedin writing, may pass necessary

 

(2)

 

(3)

 

22

 

 

orders debarring the representative, guiltyof misconduct, from appearing in the

 

proceedings before the Commission in futureor till such time as the

 

Commission deems necessary.

 

(4)

 

In the event of the misconduct beingcommitted by any counsel, the Secretary, if so

 

directed by the Commission shall forward a complaintto this effect in writing to the

 

Bar Council of the State of which the legalpractitioner is member or the Institute of

 

Chartered Accountants of India or theInstitute of Company Secretaries of India or

 

the Institute of Cost and W orks Accountantsof India, as the case may be.

 

Explanation.—For the purpose of thisregulation, word “misconduct” shall

 

include causing prejudice to or interferingwith or attempting to interfere with, the

 

due process of any proceeding orobstructing or attempting to obstruct, the

 

compliance or execution of any order ordirection of the Commission , in any

 

manner, or using defamatory language orbehaving defiantly or attempting to

 

undermine or undermining the prestige ofany Member or Officer of the Commission

 

in any manner whatsoever.

 

47.

 

Proceedings before Commission not to beopen to public. –

 

Except where the Commission may so direct,for reasons to be recorded, the proceedings

 

before the Commission, during an ordinarymeeting, shall not be open to public. In taking

 

the decision to open the proceedings topublic, the Commission may take into account all

 

or any of the following matters namely: –

 

(a) whether disclosure to public does notcause significant harm to a

 

party;

 

(b) degree of inhibition or encouragement inproviding information in

 

public;

 

(c) efficient and proper conduct ofproceeding;

 

(d) resources of the Commission.

 

48.

 

Procedure for imposition of penalty underthe Act. –

 

(1)

 

Notwithstanding anything to the contrarycontained in any regulations framed under

 

the Act, no order or direction imposing apenalty under Chapter VI of the Act shall be

 

made unless the person or the enterprise ora party to the proceeding, during an

 

ordinary meeting of the Commission, hasbeen given a show cause notice and

 

reasonable opportunity to represent hiscase before the Commission.

 

In case the Commission decides to issueshow cause notice to any person or

 

enterprise or a party to the proceedings,as the case may be, under sub- regulation

 

(1), the Secretary shall issue a show causenotice giving not less than fifteen days

 

asking for submission of the explanation inwriting within the period stipulated in the

 

notice.

 

The Commission shall, on receipt of theexplanation, and after oral hearing if

 

granted, proceed to decide the matter ofimposition of penalty on the facts and

 

circumstances of the case.

 

(2)

 

(3)

 

49.

 

Fee under clause (a) of sub-section (1) ofsection 19 of the Act. –

 

(1)

 

1[Each information received under clause(a) of sub-section (1) of section 19 of the

 

Actfrom any person shall be accompanied by proof of having paid the fee as

 

under,-

 

(a) rupees 5000/- (five thousand) in caseof individual or Hindu undivided

 

1

 

23

 

 

family (HUF), or Non GovernmentOrganisation (NGO), or Consumer

 

Association, or a Co-operative Society, orTrust, or

 

(b) rupees 20,000/- (twenty thousand) incase of firm or company having

 

turnover in the preceding year upto rupees one crore, or

 

(c) rupees 50,000/- (fifty thousand) in thecases not covered under clause

 

(a) or (b).]

 

(2)

 

The fee may be increased or decreased onthe basis of annual notification of

 

Cost Inflation Index by the Central Boardof Direct Taxes, Department of Revenue,

 

Ministry of Finance by an order of theCommission.

 

The fee can be paid either by tenderingdemand draft or pay order or banker’s

 

cheque, payable in favour of CompetitionCommission of India (Competition Fund),

 

New Delhi or through Electronic ClearanceService (ECS) by direct remittance

 

to the Competition Commission of India(Competition Fund), Account No.

 

1988002100187687 with “Punjab NationalBank, Bhikaji Cama Place, New Delhi-

 

110066”.

 

(3)

 

50.

 

Inspection and copying charges. –

 

(1)

 

A party to the proceedings, on application,may be allowed inspection of records

 

relating to its case by the Secretary, onsuch conditions as may be specified, on

 

payment of rupees one thousand per day percase.

 

Copying charges for the parties to theproceedings shall be rupees twenty

 

per page.

 

(2)

 

51.

 

Empanelment of special counsel byCommission. –

 

(1)

 

The Commission may draw up a panel of legalpractitioners or chartered

 

accountants or company secretaries or costaccountants to assist in

 

proceedings before the CompetitionAppellate Tribunal or any other quasi

 

judicial body or Court.

 

The Director General may call upon thelegal practitioners or chartered

 

accountants or company secretaries or costaccountants from the panel for

 

assistance in the proceedings before theCommission, if so required.

 

The remuneration payable and otherallowances and compensation admissible to

 

counsel shall be specified in consultationwith the Commission.

 

(2)

 

(3)

 

52.

 

Inviting experts of eminence to assistCommission. –

 

Without prejudice to sub-section (3) ofsection 36 of the Act, or guidelines issued

 

thereunder, the Commission may inviteexperts of eminence to assist the Commission in

 

discharging of its functions under the Acton such terms and conditions and at such times

 

as may be decided by the Commission:

 

Provided that the Commission shall have absolute discretion as regardsthe

 

ev aluation of expertise or eminence ofthose invited to assist the Commission.

 

53.

 

Publication. –

 

(1)

 

The Commission may cause publication of abrief summary or the full text of its

 

orders or decisions in the media, if it sodesires in the interest of public, but shall

 

hav e regard to the business secrets of thepersons concerned and may direct

 

deletion of such portions of the orders ordecisions as it deems fit.

 

A summary of all orders or decisions madeby the Commission under sub-

 

section (2) or sub-section (6) of section26 of the Act directing the closure of the

 

matter, as the case may be, shall bepublished on the web site of the Commission.

 

It shall be the duty of the Secretary topublish the orders or decisions referred to in

 

this regulation.

 

24

 

(2)

 

(3)

 

 

54.

 

Removal of difficulty. –

 

In the matter of implementation of theseregulations, if any, doubt or difficulty

 

arises, the same shall be placed before theCommission and the decision of the

 

Commission thereon shall be binding.

 

Annexure

 

(See regulation 4)

 

1. Seal

 

2. Emblem

 

 

Note: Principal Regulations, published videR-40007/6/Reg-General)/Noti/04-CCI in the

 

Gazette of India, Extraordinary, Part III,Section 4, dated the 22nd May 2009 were subsequently

 

amended by :-

 

(a) The Commission Commission of India(General) Amendment Regulations 2009

 

published vide No.L-3(2)/RegIn-Gen.(Amdt) th2009-10/CCI in the Gazetteof India,

 

Extraordinary, Part III, Section 4, dated the 20 August 2009;

 

(b) The Commission Commission of India(General) Amendment Regulations 2010

 

published vide No.L-3(2)/RegIn-Gen.(Amdt) th2009-10/CCI in the Gazetteof India,

 

Extraordinary, Part III, Section 4, dated the 20 October 2010;

 

(c) The Competition Commission of India(General) Amendment Regulations (No. 1 of

 

2011) published vide No.L-3(2)/Regln-Genl.(Amdt)/2009-10/CCI in theGazette of India,

 

st

 

Extraordinary, Part III, Section 4, dated the 31 March 2011;

 

(d) The Competition Commission of India(General) Amendment Regulations (No. 2 of

 

2011) published vide No.L-3(2)/Regln-Genl.(Amdt)/2009-10/CCI in theGazette of India,

 

Extraordinary, Part III, Section 4, dated the 8th November, 2011; and

 

(e) The Competition Commission of India(General) Amendment Regulations (No. 1 of

 

2011) published vide No.L-3(2)/Regln-Genl.(Amdt)/2011/CCI in the Gazetteof India,

 

Extraordinary, Part III, Section 4, dated the 7th October 2013.

 

 

 
京ICP备05047287号 | 网站地图 | 网站统计 | Copyright?中国竞争法网