Regulation 22 - Procedure for inquiry under section 26 of the Act - CCI (General) Regulations, 2024

22. Procedure for inquiry under section 26 of the Act . (1) Upon receipt of the investigation report from the Director General in terms of sub-section (3) of section 26 of the Act , the Secretary shall place the same for consideration of the Commission within a period of 04 (four) weeks. (2) The Commission, upon consideration of the investigation report of the Director General received under sub-regulation (1), may either: (i) direct the Secretary to forward a physical or electronic copy of the non-confidential version of the report to the Central Government or the State Government or the Statutory Authority or the parties concerned, as the case may be, for filing objections or suggestions, if any, thereto, within a period of 08 (eight) weeks from the receipt of the report; or (ii) order further investigation to be made by the Director General in the matter in terms of sub-section (3A) of section 26 of the Act ; or (iii) cause further inquiry to be made or itself proceed with further inquiry in the matter, as the Commission deems fit. (3) The Commission may, while directing to forward the investigation report of the Director General to the Central Government or the State Government or the Statutory Authority or the parties concerned, as the case may be, for filing objections or suggestions, if any, thereto, also direct the parties concerned to file their financial information including financial statements, in accordance with the Competition Commission of India (Determination of Turnover or Income) Regulations, 2024 and the Competition Commission of India (Determination of Monetary Penalty) Guidelines, 2024 . (4) Upon receipt of objections or suggestions under sub-regulation (2) from the Central Government or the State Government or the Statutory Authority or the parties concerned, as the case may be, the Commission may either: (i) pass a final order closing the matter under sub-section (6) of section 26 of the Act or pass an order under section 27 of the Act ; or (ii) order further investigation to be made by the Director General in the matter in terms of sub-section (7) of section 26 of the Act ; or (iii) cause further inquiry to be made or itself proceed with further inquiry in the matter in terms of sub- sections (7) or (8) of section 26 of the Act . (5) Upon receipt of the supplementary investigation report from the Director General, the Secretary shall place the same for consideration of the Commission within 04 (four) weeks. (6) The Commission, upon consideration of the supplementary investigation report of the Director General received under sub-regulation (5), may either: (i) direct the Secretary to forward a physical or electronic copy of the non-confidential version of the report to the Central Government or the State Government or the Statutory Authority or the parties concerned, as the case may be, for filing objections or suggestions, if any, thereto, within a period of 08 (eight) weeks from the receipt of the report; or (ii) cause further inquiry to be made or itself proceed with further inquiry in the matter, as the Commission deems fit. (7) Upon receipt of objections or suggestions under sub-regulation (6) from the Central Government or the State Government or the Statutory Authority or the parties concerned, as the case may be, on the supplementary investigation report, the Commission may either: (i) pass a final order closing the matter under sub-section (9) of section 26 of the Act or pass an order under section 27 of the Act; or (ii) cause further inquiry to be made or itself proceed with further inquiry in the matter in terms of sub- sections (7) or (8) of section 26 of the Act. (8) Upon completion of further inquiry in terms of sub-sections (7) or (8) of section 26 of the Act, the Commission may pass a final order closing the matter under sub-section (9) of section 26 of the Act or pass an order under section 27 , before which it shall issue a show-cause notice to the parties concerned, in terms of the proviso to sub-section (9) of section 26 of the Act, indicating the contraventions alleged to have been committed and the time period for responding to the notice. (9) Upon receipt of reply to the show-cause notice referred to in sub-regulation (8) from the parties concerned, and after giving them a reasonable opportunity to be heard, the Commission may pass a final order closing the matter or pass an order under section 27 of the Act. (10) The Secretary shall convey the final orders passed by the Commission to the Central Government or the State Government or the statutory authority or the parties concerned, as the case may be, by providing them a certified copy thereof. (11) On a report given by an officer authorized by the Commission justifying the production of specified books or other documents, as may be required to make further inquiries under this regulation, the Commission may direct any person to produce such specified books or other documents relating to any trade carried out by such person or enterprise, as per the provisions of sub-section (4) of section 36 of the Act . Explanation For the purpose of this sub-regulation, the word officer shall include the experts and professionals mentioned under sub-section (3) of section 17 or sub-section (3) of section 36 of the Act. (12) The Secretary shall keep the Director General informed of the dates of the meetings of the Commission for inquiry to appear in person or through any of his officers in accordance with the provisions of section 35 of the Act.