how to draft a complaint under the Competition Act for filing with the Competition Commission of India (CCI). Here's a simple guide and a sample format for your complaint:
๐ How to Draft a Competition Act Complaint
1. Title / Heading
Before the Competition Commission of India
Subject: Complaint under Section 19(1)(a) of the Competition Act, 2002
2. Parties to the Complaint
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Complainant: Name, Address, Contact details, Nature of business
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Opposite Party / Respondent: Name(s), Address, Nature of business
3. Jurisdiction
A statement that CCI has jurisdiction because the matter relates to anti-competitive agreements, abuse of dominant position, or combinations affecting competition in India.
4. Facts of the Case
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Briefly explain the background and relationship of parties.
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Describe the conduct/transaction causing anti-competitive effects.
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Highlight how the opposite party’s conduct violates the Competition Act:
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Section 3 for anti-competitive agreements, OR
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Section 4 for abuse of dominant position, OR
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Section 5/6 for combinations
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5. Nature of Violation
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Explain the anti-competitive practice in detail (price-fixing, market allocation, predatory pricing, denial of market access, etc.)
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Provide evidence or supporting documents (invoices, agreements, notices, market data).
6. Cause of Action & Harm
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Show how the anti-competitive conduct affects you or the market.
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Losses suffered or potential damage to competition or consumers.
7. Reliefs / Prayers
Ask CCI to:
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Investigate the matter
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Pass appropriate orders against the opposite party
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Impose penalties and directions to cease the anti-competitive conduct
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Any other relief deemed fit
8. Verification
A statement verifying the truthfulness of the complaint.
9. Annexures
List of documents attached as evidence.
๐ Sample Complaint Format
Before the Competition Commission of India
Subject: Complaint under Section 19(1)(a) of the Competition Act, 2002
1. Complainant:
Name: ABC Traders Pvt. Ltd.
Address: 123 Market Street, Mumbai
Contact: +91 98765 43210, email@example.com
Business: Wholesale supplier of electronics
2. Opposite Party:
Name: XYZ Electronics Ltd.
Address: 456 Industry Park, Mumbai
Business: Manufacturer and distributor of electronic goods
3. Jurisdiction:
This Commission has jurisdiction as the anti-competitive conduct relates to the electronics market in India.
4. Facts:
The Opposite Party entered into an agreement with other manufacturers to fix prices of electronic components, thereby eliminating fair competition. Despite repeated requests, they have maintained inflated prices, adversely affecting the market and consumers.
5. Violation:
The Opposite Party’s conduct violates Section 3(3) of the Competition Act, 2002 (anti-competitive agreements), specifically the prohibition on price-fixing and market allocation.
6. Cause of Action & Harm:
Due to the cartelization, the complainant has suffered financial losses and is unable to compete fairly in the market.
7. Reliefs Sought:
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Direct the Commission to investigate the anti-competitive agreement.
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Pass orders to cease such conduct.
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Impose penalties as per the Act.
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Grant any other relief deemed just and proper.
8. Verification:
I, the undersigned, verify that the contents of this complaint are true and correct to the best of my knowledge.
9. Annexures:
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Copy of price list
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Emails indicating price coordination
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Market reports
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