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Monday, May 25, 2009

CCI logo in its general regulations 2009 with details about manner of conducting proceedings consisting of 54 regulations

The Competition Commission of India (General) Regulations, 2009;( No. 2 of 2009) by way of Notification No R-40007/6/ Reg- General/ Noti/ 04- CCI dated 22nd May 2009 with immediate effect.  Let us understand the scheme of the said regulations.

 

Competition Commission of India (CCI) unveils its New Seal & Emblem as per Regulation 4 read with the Annexure to this regulation.

Only This Much book002

Reg 2(1)(g) –> “media” includes newspapers, magazines, periodicals, journals, radio, cinema, television and internet.

 

Reg 2(1)(i) –> “Party” includes a consumer or an enterprise or a person defined in clauses (f), (h) and (l) of section 2 of the Act respectively, or an information provider, or a consumer association or a trade association or the Director General defined in clauses (g) of section 2 of the Act, or the Central Government or any State Government or any statutory authority, as the case may be, and shall include an enterprise against whom any inquiry or proceeding is instituted and shall also include any person permitted to join the proceedings or an intervener.

 

Reg 5 - The language of the Commission shall be English.

 

Reg 47 - Proceedings before Commission not to be open to public.

 

The regulation further provides for determination of holidays, computation of time, contents of information or reference & signing thereof, procedure for filing information or reference by registered post or courier or FAX or in electronic form as and when so desired by the Commission through a public notice,  powers & functions of Secretary to CCI, procedure for scrutiny of information or reference (See Regulation 15 for the time limits), CCI opinion on existence of prima facie case as per Regulation 16 (which may be determined by Preliminary Conference as per Regulation 17), investigation by Director General as per Regulation 20, procedure for inquiry as per Regulation 21, mode of service of notice (Reg 22), manner of filings before CCI (Reg 23), powers of CCI as per Reg 24 to 28. Reg 30 to 32 & Reg 44-45, manner of making submissions or arguments by parties before Commission (Reg 29), reference as per Reg 33 & 34, Confidentiality (with “restriction of publication claimed” in red ink on top of the first page) as per Reg 35,  Compliance of orders & effect of non-compliance, taking evidence, etc… is dealt from Reg 36 to 43, authorizing a representative to appear as per Reg 46, penalties & fees as per Reg 48 to 50.

 

Click here to understand Competition Act - http://thisisvj.googlepages.com/Competition.pdf

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