Regulation 34 - Reference from statutory authority or the Central Government or a State Government - CCI (General) Regulations, 2024

34. Reference from statutory authority or the Central Government or a State Government. (1) A reference from statutory authority under section 21 of the Act or the Central Government or State Government under section 49 of the Act for opinion made to the Commission shall contain such particulars as may be specified by the Commission. (2) Without prejudice to sub-regulation (1), a reference from statutory authority under section 21 of the Act, shall contain: - (a) the specific proposition of law or fact or specific issue or policy or any other matter relating to competition on which the opinion is solicited; (b) background and historical data relevant for the determination of the proposition or the issue or the policy or any other matter; (c) duly authenticated copies of the relevant statutes including the rules, the regulations, the notifications, the orders as considered necessary, if applicable; (d) duly authenticated and updated list of the parties with their complete addresses, telephone numbers, fax numbers, e-mail addresses; (e) proof of having informed the parties concerned about the matter having been referred to the Commission for opinion under section 21 of the Act, if applicable. (3) The time to be reckoned for giving opinion on such reference under section 21 of the Act shall be subject to the proviso to sub-regulation (5) of regulation 15 . (4) On being satisfied that the reference is complete, the Secretary shall place it during an ordinary meeting of the Commission and seek necessary instructions regarding the parties to whom notice of meeting is to be issued. (5) The Secretary shall give notice of the ordinary meeting to the said parties giving not less than 10 (ten) days, in the manner specified, to take part in the proceedings. (6) The parties to whom the notices are issued under sub-regulation (5), may file comments or reply to the notice after having served a copy thereof to each party within 7 (seven) days of receipt of the notice. (7) The Commission may call upon a representative of the statutory authority or the Central Government or the State Government or an expert in the field for discussion or evidence as it may consider necessary in the matter. (8) The Commission may collect particulars and information from any person or enterprise or Central or State Government or statutory authority, which in its opinion is relevant to the reference received by the Commission (9) The Commission may form an opinion and send the same to the concerned parties and seek their objections and/or suggestions thereon within the time decided by it and after considering such objections or suggestions it shall give its final opinion to the statutory authority or the Central Government or the State Government, as the case may be. (10) In case the reference has been made by a statutory authority suo motu, the same may be exempt from application of the provisions contained in clauses (d) and (e) of sub-regulation (2) and sub-regulations (5), (6) and (9).