Apply representation, evidence, confidentiality, rectification and penalty-recovery rules to the correct stage of the case.
Published by Finin2min · Source review: 25 October 2026
Rules, conditions and exceptions
- Sections 35-39 are in Chapter IV, and section 41 is Chapter V. There is no “Chapter V-B” in the Act. Section 35 permits the specified professional or officer representation and separately allows a party to call experts for an opinion; representation authority and expert evidence serve different purposes.
- Section 36 requires natural justice and grants the listed civil-court-type powers for attendance, documents, affidavits and other specified evidence. It does not turn CCI into a general civil court with unrestricted jurisdiction over every commercial dispute.
- Section 37, the old review-of-orders provision, is omitted. Section 38 permits rectification of a mistake apparent from the record on CCI’s own motion or when a party brings it to notice; the explanation prohibits amendment of the substantive part of the order through rectification. The section does not state a two-year rectification limit.
- Section 41 makes the Director General’s investigation Commission-directed, imposes preservation/production and assistance duties on the specified officers, employees and agents, and permits relevant information requests to others. Examination on oath is recorded in writing and signed. The statutory search/seizure route requires the specified Magistrate authorisation; an ordinary document request is not itself a search warrant.
- Section 41(5) generally allows custody of produced records for 180 days and a further written recall for another 180 days. The separate rule for seized records is tied to the conclusion of the investigation. Do not convert these custody provisions into permission to destroy a business’s own evidence.
- General Regulation 36 requires supported confidentiality claims, the prescribed confidential markings and an exact corresponding non-confidential version with conspicuous omissions. The process includes self-certification, reasons, an expiry date and an affidavit; a “confidential” stamp alone is insufficient.
- A confidentiality ring is controlled by CCI’s order, permitted participants, undertakings and inspection rules. Regulation 36 has specific request and undertaking periods; access does not authorise unrestricted circulation to employees or group companies. Regulation 38 also excludes inspection of internal documents.
- Section 39 and the 2025 Recovery Regulations govern unpaid monetary penalties. Regulation 3 requires the demand notice to allow at least sixty days from receipt of the Commission’s order to deposit the penalty, and a copy of the payment challan is submitted within seven days of payment. The trigger is not automatically the later date on a reminder.
- Regulation 5 of the 2025 Recovery Regulations prescribes simple interest of 1% on the outstanding amount for each month or part of a month from the day after the demand-notice period expires until payment. It is not 1.5% per month and is not monthly compounding.
- The Recovery Regulations provide for waiver/reduction of interest in the stated circumstances and corresponding reduction/refund when an appellate/court order reduces the penalty. Regulation 6 provides a recovery certificate with fifteen days to deposit; the order, demand notice, stay and actual payment record determine the case-specific recovery position.
Provision map
Act references identify the English consolidation on the linked WIPO Lex publication page and give its PDF-page number. Gazette references link to the named official PDF.
| Provision | Subject | Source |
|---|---|---|
| 35 | Appearance before Commission. | Act consolidation · PDF page 26 |
| 36 | Power of Commission to regulate its own procedure. | Act consolidation · PDF page 26 |
| 37 | [Omitted.] | Act consolidation · PDF page 27 |
| 38 | Rectification of orders. | Act consolidation · PDF page 27 |
| 39 | Execution of orders of Commission imposing monetary penalty. | Act consolidation · PDF page 27 |
| 40 | [Omitted.] | Act consolidation · PDF page 28 |
| 41 | Director General to investigate contraventions. | Act consolidation · PDF page 28 |
| General 36 | Confidentiality claims, versions and rings | General Regulations · PDF page 47 |
| General 38 | Inspection subject to restrictions | General Regulations · PDF page 50 |
| Recovery 3-4 | Demand, payment evidence and extension/instalments | Recovery Regulations · PDF page 12 |
| Recovery 5 | Simple interest: 1% per month or part-month | Recovery Regulations · PDF page 13 |
| Recovery 6 | Recovery certificate and fifteen-day payment period | Recovery Regulations · PDF page 13 |
Worked example
Assume a demand remains unpaid with Rs 10,00,000 outstanding for two chargeable month/part-month periods under Regulation 5. The simple interest illustration is Rs 10,00,000 × 1% × 2 = Rs 20,000. This assumes the principal and chargeable periods; an actual stay, waiver, reduction or payment changes the inputs. Separately, correcting an obvious addition error of Rs 1,20,000 + Rs 80,000 from Rs 1,90,000 to Rs 2,00,000 illustrates a record mistake; it does not justify reopening substantive findings under section 38.
Practical controls and evidence
Use the provisions above to separate the statutory trigger, evidence, decision and remedy. Representation, expert evidence and investigation powers have separate conditions.
Common mistakes
- Using rectification to reopen substantive findings.
- Inventing a two-year limit in section 38 from an unrelated provision.
- Using old 1.5% interest or compounding instead of the 2025 simple-interest rule.
Questions answered
Is rectification the same as a rehearing on merits?
No. Section 38 concerns a mistake apparent from the record and expressly prevents amendment of the substantive part through that power. Section 37 is omitted.
What is the current interest rate in the 2025 Recovery Regulations?
Regulation 5 prescribes simple interest of 1% for each month or part-month on the outstanding amount after expiry of the demand-notice period, subject to its stated reduction/waiver and adjustment provisions.
Does marking a whole file confidential guarantee secrecy from all parties?
No. Follow General Regulation 36, supply supported claims and matching versions, and apply CCI’s confidentiality-ring and access orders.
Primary sources
- Competition Act 2002, Act 12 of 2003, consolidation through Act 9 of 2023. Sections 35-41 and 57; PDF pages 26-29 and 40.
- Competition (Amendment) Act 2023, Act 9 of 2023. Amending sections 25-26; PDF pages 12-14.
- CCI (General) Regulations 2024, notification 17 September 2024. Regulations 36 and 38; English PDF pages 47-50.
- CCI (Manner of Recovery of Monetary Penalty) Regulations 2025. Regulations 3-6; English PDF pages 12-14.
Competition law guide reviewed on 25 October 2026. The Act consolidation is read with the national amending Act, its commencement notifications and the specific CCI instruments identified here. Examples are hypothetical and distinguish statutory limits from an actual Commission or Tribunal determination.