The Competition Commission of India (General Regulations), 2024: Revamped and Renewed

Statutory fee for filing Interlocutory Application

Nature of enterprise filing the application

Fees (General Regulations 2024) (INR)

Individual or Hindu Undivided Family

500

NGO, consumer association, co-operative society or trust, firm or company having turnover of less than INR 2 crore

1,000

Any other person or entity

5,000

Statutory fee for filing Miscellaneous Application

Nature of enterprise filing the application

Fees (General Regulations 2024) (INR)

Individual or Hindu Undivided Family

3,000

NGO, consumer association, co-operative society or trust

6,000

A firm or company having turnover of less than INR 2 crore

25,000

A firm or company having turnover of more than INR 2 crore and upto INR 50 crore

60,000

Any other person or entity

3,00,000

Exoneration request: The Commission can now, of its own volition, strike off a party to a proceeding on the grounds that no relief has been claimed by or will be granted against such party. Previously, the Commission could strike off such party only on receiving an application by a party to the proceedings.

Comment: This addition is quite practical and eases the overall adjudicatory process of the Commission.

Enhanced Filing Fees: The fee for filing an information under Section 19 of the Competition Act has not been increased substantially. The fee previously set in the General Regulations 2009 and the fee under the General Regulations 2024 is set out below:

Compulsory cross-examination: The Director General (DG) will now be required to provide an opportunity to cross-examine a witness to the concerned party if the DG wishes to rely on evidence based on oral examination of the witness to reach a finding against the concerned party in its investigation report.

Comment: Right to cross examine a crucial witness, based on whose testimony the DG records an adverse finding, is in accordance with the principles of fairness and propriety. It not only brings credibility to the investigation process but also reduces litigation timelines since the parties often file an application seeking cross examination after the DG report has been circulated to the parties by the Commission. Accordingly, the General Regulations 2024 will limit the time spent by the Commission in deciding such applications.

Procedural requirements: General Regulations 2024 stipulates that every submission made to the Commission (including replies, letters, documents, applications, objections or suggestions etc.) shall be counter signed by the authorised representative of the party along with an affidavit even if the authorised counsel is making such submissions.

Comment: While this addition would bring more credibility to the submissions, it will also increase the burden on the parties appearing before the Commission.