Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

If it appears from the investigation that an anticompetitive agreement or abuse of dominant position is taking place, Article 33 of the Act empowers the CCI to order a party to temporarily refrain from certain behaviors until the investigation is over.
Where the CCI has granted interim relief, the Supreme Court has ordered that a final decision should be taken within 60 days of the interim decisio …

Interim relief

The Competition Commission of India (CCI) has the power to initiate investigations on receipt of information filed by any person or a leniency application, on reference by a public authority or on its own initiative. 

As a result of the Competition (Amendment) Act, 2023, the CCI cannot process a complaint filed for events that are more than three years old. 

The CCI is required to carry a prima facie review of the matter so as to close it if there is no prima facie case. If the CCI finds a prima facie breach of the Act, it will send the case to the Director General (DG) for an investigation.

The DG is required to review information and collect further evidence. To that end, the DG has the same investigation powers as a civil court under the Code of Civil Procedure (search and seizure; discovery). Search and seizures are submitted to prior approval of the Chief Metropolitan Magistrate in New Dehli.

Based on its findings, the DG communicates a report to the CCI. Where the DG concludes to the absence of a violation of the Act, the CCI may still disagree and direct further investigations to be carried out. Where a violation is found, the CCI then proceeds to issue orders to remedy the violation.

The 2023 Competition (Amendment) Act allows a party under investigation (for an abuse of dominant position or anticompetitive vertical restraints) to offer commitments or settle the matter with the CCI. The members of a cartel are not allowed to settle. 

The parties are not allowed to conclude a commitments agreement after the Office of Director General has shared its investigation report whereas they can settle after such disclosure, but only before the CCI passes its final order. 

The CCI has notified three regulations. The CCI (Settlement) Regulations, 2024; The CCI (Commitment) Regulations, 2024; The CCI (Determination of Turnover or Income) Regulations, 2024 and the CCI (Determination of Monetary Penalty) Guidelines, 2024 on March 6, 2024. These regulations and guidelines were issued pursuant to the Competition (Amendment) Act of 2023. 

The settlement regulations and commitment regulations are intended to allow undertakings under investigation for an alleged contravention to apply for settlement or commitment before the CCI. The purpose of introducing these procedures is to reduce litigation and facilitate quicker market correction. The two mechanisms differ primarily in terms of the stage in the inquiry process at which the application is submitted: A commitment application may be filed within 45 days of the initiation of the CCI’s inquiry (i.e., before receipt of the director general’s report) ; a settlement application may be filed within 45 days of receiving the DG’s report (i.e., before the CCI issues its final order). The commitment proceedings are to be completed within 130 days, and the settlement proceedings within 180 days from the date of filing the respective applications. However, the CCI may extend these deadlines if necessary. The turnover or uncome regulations set out the method for determining turnover or income in the case of enterprises, and income in the case of individuals.

The Monetary Penalty Guidelines outline how monetary penalties should be calculated and imposed on enterprises and/or individuals for contraventions of the provisions of the Competition Act. These guidelines aim to ensure that any penalties imposed are proportional to the anticompetitive harm caused to the market by the infringing entities or individuals.

Finally, on March 6, 2024, the Indian Government also brought into force the statutory provisions governing the settlement and commitment mechanisms under the Competition Act, 2002. The CCI published the implementing regulations on the same day.

Proceedings before the CCI

If it appears from the investigation that an anticompetitive agreement or abuse of dominant position is taking place, Article 33 of the Act empowers the CCI to order a party to temporarily refrain from certain behaviors until the investigation is over.

Where the CCI has granted interim relief, the Supreme Court has ordered that a final decision should be taken within 60 days of the interim decision (CCI v. Steel Authority of India Limited, Civil Appeal No 7779, 9 September 2010).

Global Competition Law

998. Interim relief

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Les notions juridiques connexes

998. Interim relief

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise