Government Of India ("GoI") Notifies Amendments To The General Regulations, 2009

The GoI, vide notification dated May 10, 2024, has brought into force the CCI (General) Amendment Regulations, 2024 (“Amended General Regulations”), which amends the CCI (General) Regulations, 2009 (“General Regulations”). The Amended General Regulations inter alia provide as follows:

1. Undertaking in the form of an affidavit:
   1. For Claiming Confidentiality: Previously, a party that wished to claim confidentiality on any information was required to furnish an undertaking certifying that the information on which confidentiality was sought meets the prescribed standards under the General Regulations. By way of the Amended General Regulations, the parties are now required to file an affidavit for confidentiality claims.
   2. For Confidentiality Ring: Previously, a party was required to furnish an undertaking that the confidential information of a case accessed by it through the confidentiality ring would not be disclosed to any other person and would only be used for the purpose of the Competition Act. By way of the Amended General Regulations, the parties are now required to file an affidavit in relation to the same.
2. Timelines for accessing the confidential version of the case record: The Amended General Regulations set out the following timelines for setting up a confidentiality ring, submission of an affidavit, and to access the confidential version of the case record:
   1. Application for setting up of confidentiality right: A party has to submit an application to the CCI for setting up of the confidentiality ring within 10 (ten) days from the receipt of the non-confidential version of the investigation report, which can further be extended to up to 7 (seven) days, if the CCI is satisfied with the reason of delay provided by a party;
   2. Filing of an affidavit for being part of the confidentiality ring: Within 10 (ten) days from the date of receipt of the order passed by the CCI, setting up the confidentiality ring, which can further be extended to 5 (five) days, if the CCI is satisfied with the reason of delay provided by a party;
   3. Conducting inspection of the confidential case records: The parties included in the confidentiality ring will:
      1. file an application for conducting an inspection of case records within 7 (seven) days from the submission of the affidavits;
      2. such inspection shall be completed within 21 (twenty-one) days of being allowed by the CCI;
      3. apply for the getting the certified copies of the confidential documents within 7 (seven) days thereafter;
         
         From receiving an application seeking certified copies of confidential documents, the CCI is obligated to provide the same within 14 (fourteen) days.
3. Revision in fee for conducting an inspection of the case records: Previously, the fee charged by the CCI for allowing the inspection of case records was INR 1,000 (Indian rupees one thousand). The same has now been increased to INR 2,500 (Indian rupees two thousand and five hundred).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.