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26 November 2019

CCI revises fees – Other amendments also made in CCI (General) Regulations

The Competition Commission of India has revised the fees payable by any person, consumer or their association or trade associations while giving information in respect of anti-competitive agreements and abuse of dominant position, for alleged violation of provisions of the Competition Act.

As per amendments dated 20th of November 2019, in Regulation 49(1) of the Competition Commission of India (General) Regulations, 2009, a Non-Government Organisation (NGO), or Consumer Association, or a Co-operative Society, or Trust, would have to pay Rs. 10,000, instead of Rs. 5000 as prescribed hitherto, for information submitted under Section 19(1)(a) of the Competition Act.

Similarly, while firm (including proprietorship, partnership or Limited Liability Partnership) or company (including one person company) having turnover in the preceding year up to rupees two crore, will be liable to pay Rs. 40,000, the fees would be Rs. 1,00,000 if the turnover of such entity is more than rupees two crore but up to rupees 50 crore.

It may be noted that there is no hike in the fees in case of an individual or Hindu Undivided Family, which remains same as provided earlier, i.e. Rs. 5000 only.

The new provision also provides that each information received under Section 19(1)(a) from any person shall be accompanied by proof of having paid the fee of Rs. 5,00,000 in the cases not covered by any of the abovementioned cases.

Other amendments

Competition Commission of India (General) Amendment Regulations, 2019 also amends Regulations 10 and 35 of the 2009 Regulations.

As per amendments in Regulation 10, the information or reference should also contain the details of litigation or dispute pending between the informant and parties before any court, tribunal, statutory authority or arbitrator in respect of the subject matter of information.

Further, a proviso has been inserted in Regulation 35(1) of the CCI (General) Regulations, 2009 relating to confidentiality of identity of informant. It states that where it is expedient to disclose the identity of the informant for the purposes of the Act, the Commission shall do so after giving an opportunity to the informant of being heard. Earlier, the CCI was under obligation to maintain confidentiality of the identity of an informant on a written request made to it.

A time limit of 30 days has now been provided to approach the Commission for a decision regarding confidential treatment of document or part thereof, if the Director General rejects the request of the party for treatment of document or part thereof as confidential.