Sections 64A and 64B 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.
Sections 64A and 64B are new sections inserted into the Competition Act, 2002 by the Competition (Amendment) Act, 2023, placed after Section 64. Section 64A requires the Commission to ensure transparency when making regulations: draft regulations, public comment, a statement of response and periodic review. Section 64B lets the Commission publish guidelines, and requires it to publish guidelines on the amount of penalty and to consider them when imposing certain penalties.
Before issuing regulations the Commission must publish drafts and invite public comments for a specified period, publish a general statement of its response not later than the date of notification, and review regulations periodically, with an exception for urgency in public interest or purely internal matters. Under Section 64B the Commission may publish guidelines, which are not binding on it, but it shall publish penalty guidelines and, when imposing penalty under Section 27(b), 43A or 48, shall consider them and give reasons for any divergence.
How this article reads the Act
This article follows 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. Sections 64A and 64B have no counterpart in the consolidated text; they are written from the sections inserted by clause 45 of the amending Act, "after section 64". The gazette does not print a chapter heading for them; read them as placed after Section 64. The 2023 change applies from the date notified for that provision; the notification is not in the sources consulted and should be checked. No commencement date is given. If you want to respond to a draft regulation or rely on a guideline, our legal consultation team can help.
Section 64A: process of issuing regulations
The marginal heading in the gazette is "Process of issuing regulations". The text reads: "The Commission shall ensure transparency while making regulations under section 64, by (a) publishing draft regulations along with such other details as may be specified on its website and inviting public comments for a specified period prior to issuing regulations; (b) publishing a general statement of its response to the public comments, not later than the date of notification of the regulations; (c) periodically reviewing such regulations".
The three duties
| Clause | Duty | Detail |
|---|---|---|
| (a) | Publish draft regulations | On its website, with such other details as may be specified, inviting public comments for a specified period before issuing regulations |
| (b) | Publish a general statement of response | To the public comments, not later than the date of notification of the regulations |
| (c) | Review regulations periodically | The Act does not say how often |
The "other details" and "the period for inviting public comments" are matters for regulations under clause (gg) of Section 64(2): see Section 64. No such regulation is in the sources consulted, so no number of days is stated here.
The proviso: urgency and internal matters
"Provided that if the Commission is of the opinion that certain regulations are required to be made or existing regulations are required to be amended urgently in public interest or the subject matter of the regulation relates solely to the internal functioning of the Commission, it may make regulations or amend the existing regulations, as the case may be, without following the provisions stated in this section recording the reason, for doing so."
Two cases qualify: urgency in public interest, and matters relating solely to the Commission's internal functioning. In either case the Commission must record its reason. The proviso does not say where the reason is recorded or published.
Section 64B(1) and (2): guidelines in general
Sub-section (1): "The Commission may publish guidelines on the provisions of this Act or the rules and regulations made thereunder either on a request made by a person or on its own motion." Sub-section (2): "Guidelines issued under sub-section (1) shall not be construed as determination of any question of fact or law by the Commission, its Members or officers and shall not be binding on the Commission, its Members or officers."
In plain terms, a guideline explains; it does not decide. A person who follows one is not given a binding promise, and the Commission is not bound by what it says. Because the guidelines can be published on a person's request, a business can ask for one.
Section 64B(3) and (4): penalty guidelines
Sub-section (3): "Without prejudice to anything contained in sub-section (1), the Commission shall publish guidelines as to the appropriate amount of any penalty for any contravention of provision of this Act." Here the word is "shall": publication is a duty.
Sub-section (4): "While imposing penalty under clause (b) of section 27 or under section 43A or section 48 for any contravention of provision of this Act, the Commission shall consider the guidelines under sub-section (3) and provide reasons in case of any divergence from such guidelines."
So for three penalty provisions the guidelines are not binding but cannot be ignored: they must be considered, and the Commission must give reasons if it departs. The three provisions are: Section 27(b) (penalty after an inquiry), Section 43A (failure to notify a combination) and Section 48 (liability of those in charge of a company). See Section 27, Section 43A and Section 48.
Section 64B(5): the form of publication
"The guidelines under sub-sections (1) and (3) shall be published in such form as may be prescribed." The form is for rules under clause (mg) of Section 63(2); see Section 63. No such rule is in the sources consulted.
The 2024 guidelines
The Competition Commission of India (Determination of Monetary Penalty) Guidelines, 2024, notified on 6th March, 2024, state that they are made in exercise of the powers conferred by Section 64B(1) read with Section 64B(3). They are explained in our overview of the Monetary Penalty Guidelines. Paragraph 8(2), as printed, says that in case of any divergence from the general methodology for imposition of penalty under Section 27(b), Section 43A and Section 48, the reasons for the divergence shall be recorded in writing, which tracks Section 64B(4). Later amendments to the guidelines should be checked.
What the 2023 Amendment Act changed
Both sections are new, so there is no earlier text. The table records the position.
| Topic | Before the 2023 Act | Under the new sections |
|---|---|---|
| Draft regulations and public comment | Not required by the consolidated text | Required by Section 64A, with an urgency and internal-matter proviso |
| Commission guidelines | No provision in the consolidated text | May be published under Section 64B(1); not binding |
| Penalty guidelines | No provision in the consolidated text | Must be published; must be considered for Sections 27(b), 43A and 48, with reasons for divergence |
Practical example
The Commission proposes a new regulation on the manner of filing a particular form. It posts the draft on its website with a comment period. A trade body sends comments. When the regulation is notified, the Commission also publishes a general statement of its response to the comments. Later, in a penalty decision under Section 43A, it departs from the published penalty guidelines because of unusual facts; Section 64B(4) requires it to give reasons for the divergence.
Need help responding to a draft regulation or relying on a guideline?
A draft that changes forms, fees or timelines can affect your filings. Our legal consultation team can review drafts as they appear, prepare comments, and explain how a guideline sits alongside the Act. For general background, see CCI powers and procedure.
Key takeaways
- Section 64A: publish drafts and invite comments; publish a general statement of response; review regulations periodically.
- The exception: urgency in public interest or purely internal matters, with reasons recorded.
- Section 64B: guidelines may be published on request or on the Commission's own motion and are not binding.
- Penalty guidelines must be published and must be considered for Sections 27(b), 43A and 48, with reasons for divergence.
- The form of publication is as prescribed.
Read next
- Section 64: power of the Commission to make regulations
- Section 63: power of the Central Government to make rules
- How penalty is computed under the Monetary Penalty Guidelines, 2024
- What changed in the 2023 amendment
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.