Section 19 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 19(1) of the Competition Act, 2002 says how the Commission may start an inquiry into an alleged contravention of Section 3(1) or Section 4(1): on its own motion, on information received from a person, consumer or association, or on a reference from the Government or a statutory authority. The Competition (Amendment) Act, 2023 inserts two provisos that fix a three-year time limit from the cause of action and allow the Commission to condone delay for sufficient cause.
As per the consolidated text of the Act published by the Competition Commission of India (amendments shown up to the Finance Act, 2017), read with the Competition (Amendment) Act, 2023 as published in the Gazette of India on 11 April 2023. The Commission may inquire into an alleged contravention of Section 3(1) or Section 4(1) on its own motion, on information accompanied by the fee determined by regulations, or on a reference from the Central Government, a State Government or a statutory authority. It shall not entertain an information or reference filed after three years from the date on which the cause of action arose, unless it is satisfied there was sufficient cause and records its reasons for condoning the delay. The 2023 change applies from the date notified for that provision; the notification is not in the sources consulted and should be checked.
Section 19(1): three ways in
Section 19(1) reads: "The Commission may inquire into any alleged contravention of the provisions contained in subsection (1) of section 3 or sub-section (1) of section 4 either on its own motion or on— (a) receipt of any information, in such manner and accompanied by such fee as may be determined by regulations, from any person, consumer or their association or trade association; or (b) a reference made to it by the Central Government or a State Government or a statutory authority."
The consolidated text prints "subsection" without a hyphen in the first reference. If you are deciding whether to file, or have been named in a filing, our legal dispute resolution team can read the clause against your facts. Three things stand out.
- The subject matter is limited. Section 19(1) is about an alleged contravention of Section 3(1) (anti-competitive agreements) or Section 4(1) (abuse of dominant position). Combinations are dealt with under Section 20, covered in our article on inquiry into combinations.
- Information must be given in the manner and with the fee determined by regulations. The words "information" and "any person, consumer or their association or trade association" replaced the older word "complaint" in 2007, as footnote 29 shows; we treat that as history. The manner and the fee are in the Commission's regulations. Our overview of the General Regulations, 2024 describes the filing and fee provisions as notified in 2024. A practical guide to the filing stage is in our post on how to file a CCI complaint.
- The Commission may act on its own motion. It need not wait for a filing.
Section 19(2) says that, "Without prejudice to the provisions contained in sub-section (1), the powers and functions of the Commission shall include the powers and functions specified in sub-sections (3) to (7)." Those sub-sections list the factors to which the Commission has regard. They are dealt with in our article on Section 19(3) to (7). The 2023 changes to those sub-sections are explained there.
The two provisos inserted in 2023
The 2023 Act (its Section 14(a)) directs that in sub-section (1) the following provisos be inserted. They follow clause (b) of the sub-section.
"Provided that the Commission shall not entertain an information or a reference unless it is filed within three years from the date on which the cause of action has arisen:
Provided further that an information or a reference may be entertained after the period specified in the first proviso if the Commission is satisfied that there had been sufficient cause for not filing the information or the reference within such period after recording its reasons for condoning such delay."
What the provisos say, in plain terms:
- The rule: an information or a reference is not to be entertained unless it is filed within three years from the date on which the cause of action has arisen.
- The exception: after three years it may still be entertained if the Commission is satisfied that there was sufficient cause for not filing within the period, and it records its reasons for condoning the delay.
The text does not define "cause of action" and does not say how the date is fixed in a continuing arrangement; we add no definition. It also does not say what counts as sufficient cause, and we add none. The provisos speak of an information or a reference. They say nothing about an inquiry the Commission starts on its own motion, and we do not read the three-year limit into that route; the text is silent.
Example. A distributor, Sagar Auto Parts, learns that its three rival suppliers have been quoting identical prices in public tenders and files information with the Commission. The cause of action is said to have arisen in a particular month. If the information is filed within three years of that month, the first proviso does not bar it. If it is filed later, Sagar must show sufficient cause, and the Commission must record its reasons before condoning the delay. These facts are invented to show the structure.
Anyone thinking of filing information should note the date on which the cause of action is said to have arisen before doing anything else.
What the 2023 Amendment Act changed in Section 19(1) and (2)
| Provision | Before (consolidated text) | After (2023 Act) |
|---|---|---|
| 19(1) main part | Inquiry on own motion, information or reference | Not changed |
| 19(1), first proviso | None | Information or reference not entertained unless filed within three years from the date on which the cause of action has arisen |
| 19(1), second proviso | None | May be entertained after three years if sufficient cause is shown and reasons for condoning the delay are recorded |
| 19(2) | Powers and functions include those in sub-sections (3) to (7) | Not changed |
How this fits with the rest of the process
After the Commission receives information or a reference, the steps that follow are in Section 26: the Commission forms its opinion on whether there is a prima facie case, and if so directs the Director General to investigate. Our article on Section 26 covers that, and the Director General's powers are in Section 41 (see the article on search and seizure). For a short overview of the Commission's powers and procedure, see our guide on CCI powers, procedure and enforcement. For general limitation rules for suits and appeals outside the Competition Act, see our post on limitation periods; the three-year period here is the one printed in the proviso.
Need help with a complaint or a notice from the Commission?
Whether you are considering filing information with the Commission or have received a notice that follows one, the timing and content matter. Our team can help you plan the response or the filing within the provisions above. Speak to us about legal dispute resolution and bring your documents and a note of key dates.
Key takeaways
- The Commission may inquire into Section 3(1) and Section 4(1) contraventions on its own motion, on information or on a reference.
- The 2023 Act inserts a three-year limit from the date on which the cause of action has arisen for an information or reference.
- Delay may be condoned if the Commission is satisfied there was sufficient cause and records its reasons.
- The provisos do not mention inquiries on the Commission's own motion.
- The 2023 change applies from the date notified for that provision; the notification is not in the sources consulted and should be checked.
Read next
- Factors for adverse effect, dominance and relevant market
- Procedure for inquiry, prima facie order and Director General report
- Duties of the Commission and its meetings
- How to file a CCI complaint
Disclaimer: Based on the consolidated text of the Competition Act, 2002 published by the Competition Commission of India (amendments shown up to the Finance Act, 2017), read with the Competition (Amendment) Act, 2023 as published in the Gazette of India on 11 April 2023, and on the regulations and guidelines of the Commission as notified in 2024, as consulted on 2 October 2026. Commencement notifications, notified thresholds, rules and later amendments should be checked. This article is general information, not legal advice; check the official text before acting.