Competition Commission of India (CCI)

The Competition Commission of India (CCI)

According to the Competition Act (Section 7(2)), the Commission shall be a body corporate by the name Competition Commission of India, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued.

Composition of the CCI- Section 8

• The CCI comprises of a Chairperson and not less than two and not
  more than six members;
• The Chairperson and the members of CCI are appointed by the Central
  Government from a Panel of names recommended by the Selection Committee;
• The Chairperson and every other member shall hold office for a term
  of five years and are eligible for re-appointment;

Duties of the Commission

Section 18 provides that it shall be the duty of the Commission to eliminate practices having adverse effect on competition, promote and sustain competition, protect the interests of consumers and ensure freedom of trade carried on by other participants, in markets in India.

Other duties of the CCI includes:

1. The Commission may inquire into any alleged contravention of the
   provisions contained in Section 3 (Anti-competitive agreements) or Section 4 (Abuse
   of dominant position) either on its own motion or on the receiving any such
   information- Section 19
2. The Commission may, upon its own knowledge or information relating
   to acquisition or acquiring of control or merger or amalgamation, inquire into
   whether such a combination has caused or is likely to cause an appreciable
   adverse effect on competition in India- Section 20(1)
3. Reference by Statutory Authority- Where in the course of a
   proceeding before any statutory authority an issue is raised by any party that
   any decision which such statutory authority has taken or proposes to take is or
   would be, contrary to any of the provisions of this Act, then such statutory
   authority may make a reference in respect of such issue to the Commission and
   the Commission shall give its opinion, within sixty days of receipt of such
   reference – Section 21

Inquiry Process by the CCI

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To know more about Competition Law in India, Read below

Competition Law in India