Procedure Under the Competition Act, 2002

 Here's a clear overview of the procedure under the Competition Act, 2002, especially focused on how the Competition Commission of India (CCI) handles anti-competitive matters:

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⚖️ Procedure Under the Competition Act, 2002

🔹 1. Filing of Information (Section 19)

• Any person, consumer, or enterprise can file a complaint (called "information") regarding:

  • Anti-competitive agreements (Sec. 3)

  • Abuse of dominant position (Sec. 4)

  • Combinations having adverse effect (Sec. 5 & 6)

🔹 2. Formation of Prima Facie Opinion (Section 26(1))

• CCI forms a prima facie view within 30 days.

  • If no case is found → Dismissal with reasons.

  • If case exists → Orders investigation by Director General (DG).

🔹 3. Investigation by Director General (Section 26(1A))

• DG investigates:

  • Collects documents, summons witnesses.

  • Prepares a report (may be supportive or contradictory of the complaint).

🔹 4. Consideration of DG Report (Section 26(4))

• CCI reviews DG's report.

  • If satisfied, proceeds further.

  • May order further investigation if needed.

🔹 5. Hearing of Parties (Section 26(7))

• CCI issues notice of hearing to concerned parties.

• Parties submit written replies, legal arguments, and evidence.

🔹 6. Final Order (Section 27)

• CCI may:

  • Dismiss the case.

  • Impose penalties (up to 10% of turnover or 3x profit).

  • Issue cease-and-desist orders.

  • Direct modifications in agreements or business conduct.

🔹 7. Appeal (Section 53B)

• Any aggrieved party can appeal to the National Company Law Appellate Tribunal (NCLAT) within 60 days.

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🧾 Other Important Procedural Aspects

Action	Section/Rule
Power to impose penalty	Section 27, 48
Review of combination mergers	Sections 5 & 6
Confidentiality of information	Regulation 35 CCI Regulations
Leniency for cartel members	Lesser Penalty Regulations, 2009