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Competition Law: New Amendment Regulations Impose Filing Fee

The Competition Commission of India (CCI) has notified the CCI (General) Amendment Regulations, 2024, imposing a fee on filing interlocutory applications.

Last month, the draft of the amendment regulations was released by the Commission. According to said draft, an interlocutory application was defined as an application filed in a “case being enquired” under section 19 of the Competition Act, 2002. Section 19 empowers the Commission to inquire into alleged contravention of provisions pertaining to the appreciable adverse effect of an agreement on competition and abuse of dominant position by any enterprise or group. However, after receipt of public comments, the definition has been modified to refer to an application filed before the Commission in a “case instituted under Section 19” of the Act. Further, applications filed in compliance with any order or direction of the Commission are excluded from the purview of interlocutory applications.

In another deviation from the draft, the notification sets a seven-day deadline for scrutinising interlocutory applications and provides a provision for the removal of defects.

The fee applicable, under the amendment regulations, depends on the entity making the application. For individuals and HUFs, the fee payable for filing an interlocutory application is Rs.500. When it comes to firms or companies with turnover of up to Rs.2 Crore in the preceding year, the fee prescribed is Rs.1000, which also applies to NGOs, consumer associations, cooperative societies, and trusts. In all other cases, an increased fee of Rs.5000 is prescribed.