Appearing Before CCI — Competition Commission Practice Guide for CS 2026

CCI Practice for Company Secretaries

The Competition Commission of India (CCI) administers the Competition Act, 2002. CS professionals interact with CCI in: (a) merger notifications (combination filings — Form I/II), (b) anti-competitive agreement inquiries (Section 3), (c) abuse of dominance proceedings (Section 4), (d) information filings (complaints by aggrieved parties). CS can appear before CCI as authorized representatives — drafting filings, presenting arguments, and advising clients on competition compliance.

Key Areas of CCI Practice

1. Merger Control — Combination Filing

Under Section 5-6: companies must notify CCI of combinations (mergers, acquisitions, amalgamations) exceeding specified asset/turnover thresholds. Current thresholds (2025): (a) combined assets: Rs. 2,000 crore (India) or USD 1 billion (worldwide), (b) combined turnover: Rs. 6,000 crore (India) or USD 3 billion (worldwide). The combination cannot be completed until CCI approves (mandatory waiting period of 210 days — deemed approval if CCI doesn't respond). Filing: Form I (short form — for combinations unlikely to cause adverse competitive effect) or Form II (long form — for complex combinations). Filing fee: Rs. 20 lakh (Form I) / Rs. 65 lakh (Form II).

2. Anti-Competitive Agreements — Section 3

CCI investigates agreements between enterprises that: (a) Horizontally (between competitors): fix prices, limit production, share markets, or rig bids (PRESUMED anti-competitive). (b) Vertically (between different levels of supply chain): tie-in arrangements, exclusive supply, exclusive distribution, refusal to deal, resale price maintenance — anti-competitive only if they cause appreciable adverse effect on competition (AAEC).

3. Abuse of Dominant Position — Section 4

CCI investigates enterprises with dominant market position engaging in: (a) unfair/discriminatory pricing, (b) limiting production/market, (c) denying market access, (d) imposing supplementary conditions, (e) using dominance in one market to protect another.

CCI Procedure

Step 1 — Information/Complaint: Any person can file an information (complaint) with CCI about anti-competitive conduct — in the prescribed format with supporting evidence.

Step 2 — Prima Facie Examination: CCI examines the information — if prima facie case exists: directs the Director General (DG) to investigate.

Step 3 — DG Investigation: The DG investigates — inspects premises, examines witnesses, collects documents — and submits a report to CCI.

Step 4 — CCI Hearing: CCI shares the DG report with parties. Both sides argue. CCI passes an order — finding violation or dismissing.

Step 5 — Penalties: If violation found: CCI can impose penalty up to 10% of the enterprise's AVERAGE TURNOVER for the last 3 years. For cartels: up to 3 times the profit or 10% of turnover (whichever is higher). CCI may also issue cease-and-desist orders, structural remedies (divestiture), and behavioral remedies.

Leniency Programme

Under Section 46: enterprises that are parties to a cartel can apply for LENIENCY — reduced penalty in exchange for full disclosure and cooperation. The first applicant can get up to 100% reduction; subsequent applicants: up to 50%. This incentivizes cartel members to self-report — breaking cartels from within.

Appeal

CCI orders → appeal to NCLAT within 60 days (Section 53B). NCLAT orders → Supreme Court. CS can appear before NCLAT for competition appeals (Section 432 Companies Act covers NCLAT appearances).

CS Role in Competition Compliance

CS can: (a) advise on merger filing requirements (threshold calculation), (b) prepare and file Form I/II combinations, (c) draft competition compliance policies for companies, (d) represent companies during CCI investigations, (e) draft replies to DG investigation reports, (f) appear at CCI hearings as authorized representative, (g) file appeals before NCLAT.