Competition Commission of India (CCI) & Appearance Before the Commission
Competition Commission of India (CCI)
The Competition Commission of India (CCI) was established in March 2009 under the Competition Act, 2002 to promote fair competition, prevent anti-competitive practices, and regulate mergers and acquisitions in India.
Objectives of CCI:
- Eliminate practices having an adverse effect on competition.
- Promote and sustain competition in the Indian market.
- Protect the interests of consumers by ensuring fair pricing and choice.
- Ensure freedom of trade for businesses in India.
- Establish a competitive market environment aligned with international standards.
Functions of CCI:
- Investigates anti-competitive agreements and abuse of dominant position.
- Reviews and approves mergers, acquisitions, and combinations.
- Conducts competition advocacy to spread awareness.
- Ensures fair trade practices and regulates monopolistic behavior.
- Coordinates with sectoral regulators for smooth enforcement of competition laws.
Appearance Before the Commission
Appearance before the CCI refers to individuals or companies presenting their case before the Commission during hearings related to competition violations, mergers, acquisitions, or regulatory approvals.
When is an Appearance Required?
- Competition Violation Cases – If a company is accused of anti-competitive practices (cartels, abuse of dominance, etc.).
- Merger and Acquisition Approvals – When a business needs approval for mergers, acquisitions, or combinations exceeding the financial threshold.
- Investigation Hearings – Companies may be called to explain or defend their business practices if suspected of violating competition laws.
Process of Appearance Before CCI:
- Filing a Complaint or Application – Affected parties or companies submit complaints or approval requests.
- Investigation & Inquiry – The Director General (DG) of CCI conducts an investigation.
- Preliminary Hearing – Parties present their arguments before CCI.
- Substantive Hearing – Detailed discussions, evidence submission, and questioning.
- Final Decision & Order – CCI issues a ruling, which may include penalties, approval, or modifications.
Rights of the Parties Appearing Before CCI:
- Right to legal representation.
- Right to submit evidence and supporting documents.
- Right to challenge the CCI’s decision in higher legal forums.