Competition Commission of India (Procedure for Engagement of Experts and Professionals) Amendment Regulations, 2022 - F.No. A-12015/01/2022-HR/CCI - Competition Law

COMPETITION COMMISSION OF INDIA NOTIFICATION New Delhi, the 12th April, 2022 (No. 3 of 2022) F.No. A-12015/01/2022-HR/CCI . In exercise of the powers conferred by clause (d) of sub-section (2) of Section 64 , read with sub-section (3) of Section 17 of the Competition Act, 2002 (12 of 2003) the Competition Commission of India hereby makes the following regulations to amend the Competition Commission of India (Procedure for Engagement of Experts and Professionals) Regulations, 2009 , namely:- 1. Short title and commencement (1) These regulations may be called the Competition Commission of India (Procedure for Engagement of Experts and Professionals) Amendment Regulations, 2022. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Competition Commission of India (Procedure for Engagement of Experts and Professionals) Regulations, 2009 (hereinafter referred to as the principal regulations) 1 .- (I) for the words Experts or Professionals including Research Associates 2 wherever they occur, the words Experts and Young Professionals shall be substituted and such other consequential amendments, as the rules of grammar may require shall also be made. (II) In Schedule I of Regulation 5 Amendment Addition: (a) For the entries in columns relating to Qualifications and Experience , against the Economist and Law under the column Class of Expert and Young Professional , the following entries shall be substituted, namely:- Class of Expert and Young Professional Qualifications Experience Economist Essential Post Graduate degree in Economics from either a recognized University in India or abroad. Desirable (i) A doctoral degree, from reputed University/Institution in India or from a University or Institution duly recognized in India, in Economics in the area of competition policy or closely related areas. (ii) Consistent high academic performance. (iii) Good Analytical skills. (iv) Specialization in the area of Micro-Economics. Experience in the field of micro economic problems, including International trade, investment, project evaluation and appraisal, industrial organization, Industrial economics or economic regulation including competition assessment, using quantitative economic techniques in Government, public sector, private sector, Non-Governmental organizations or regulatory authorities or regional/international/multilateral organizations(s) Or, In universities/ reputed research institutions, as Professor/Reader/ Lecturer of Microeconomics/ Industrial Economics/Industrial Organizations/ International trade/ Econometrics/ Mathematical Economics/ Quantitative Economics methods/Quantitative Economic methods or closely related subjects. Law Essential (i) Degree of LL.B or equivalent from a recognized University and/or Institute in India or abroad, recognized by the Bar Council of India. (ii) Qualified to be registered as an advocate in any State Bar Council in India in terms of Advocates Act, 1961. Desirable Specialization in competition law or regulatory laws or laws relating to Intellectual Property Rights or International Trade Laws or Corporate Law or Financial Law etc. Experience in judicial or legal work, in Supreme Court, High Court or any other Court, Government or a Regulatory Authority or a Tribunal or any similar forum; Or , Professor/Reader/Lecturer of Law of any recognized University/Professional Institute of India or abroad with specialization in teaching competition law; Or , Legal Manager or above in the Corporate sector having experience or handling acquisitions, mergers and amalgamations etc., under competition law. (b) Following Class of Expert and Young Professional along with their Qualifications and Experience shall be added as below:- Class of Expert and Young Professional Qualifications Experience Financial Analysis Essential - Master s Degree in Commerce or Master s Degree in Business Administration with Accounting and Finance or Equivalent Or Chartered Accountant in terms of the Chartered Accountant Act, 1949 (38 of 1949). Or Cost and Works Accountant in terms of the Cost and Works Accountants Act, 1959 (23 of 1959). Or Company Secretary in terms of the Company Secretaries Act, 1980 (56 of 1980). Desirable - (i)Post qualification course in corporate governance, International Trade Laws and WTO with competition law as a subject. Must have worked as a Business Manager or Financial Manager in reputed organization handling financial ventures of large enterprises or undertakings Or Must have worked as Chartered Accountant in reputed organization handling financial ventures of large enterprises or undertakings Or Must have worked as Cost and Works Accountant in reputed organization handling business ventures of large enterprises or undertakings Or Must have worked as Company Secretary in reputed organization handling financial ventures of large enterprises or undertakings Desirable Experience of handling acquisitions, mergers amalgamations etc. under competition law. Forensic Audit Chartered Accountant in terms of the Chartered Accountant Act, 1949 (38 of 1949). Or Cost and Works Accountant in terms of the Cost and Works Accountants Act, 1959 (23 of 1959). Desirable- (i)Post qualification course in corporate governance, international Trade Laws and WTO with competition law as a subject. Must have the experience of Auditing large firms or performing Forensic Audit/Special Audit for Income Tax Department or any other investigating Department as a part of a reputed Chartered Accountant Firm or a practicing CA. (III) In regulation 5 , for sub-regulation (2) the following shall be substituted, namely:- Sub regulation (2):- Subject to sub-regulation (1) and depending upon the qualifications, specialization and experience in respective disciplines, the experts and young professionals shall be categorized as per Schedule II. Schedule II of Regulation 5 shall be substituted as below: Category of Expert and Young Professional Preferred Experience in Years Young Professional Grade I Up to Three years Young Professional Grade II Minimum Three years Expert Grade I Minimum Five years Expert Grade II Minimum Ten years Expert Grade III Minimum Fifteen years (IV) In schedule III of regulation 6, the following shall be substituted, namely:- Grade of Expert Young Professional Lump-sum monthly remuneration Age Limit as on the date of advertisement Young Professional -I ₹ 60,000 with 10% increase on completion of each year Up to 30 Years Young Professional -II ₹ 80,000 with 10% increase on completion of each year Up to 35 Years Expert - I ₹ 1,05,000 with 10%increase on completion of each year Up to 40 Years Expert - II ₹ 1,30,000 with 10% increase on completion of each year -- Expert - III ₹ 1,55,000 with 10% increase on completion of each year -- (V) In regulation 8 , for sub-regulation (1) the following shall be substituted, namely:- Sub-regulation (1)- The experts and young professionals shall ordinarily be engaged by the Commission on contractual basis for not less than one year and up to three years. Beyond the 3 years term, the Commission, on special cases, may extend the term of engagement maximum upto 2 years. (VI) Proviso of sub-regulation (9) of Regulation 8 Shall be Omitted. (VII) In regulation 9 , sub-regulation (4) shall be added as below:- Sub-regulation (4)- Confidentiality and Secrecy: (i) Experts and Young Professionals will be governed by the Indian Official Secret Act, 1923 and shall not disclose any information/data that they may gather by virtue of being Experts or Young Professional in the Competition Commission of India to any person who is not authorised in this regard during or after period of their engagement as Experts or Young Professional in the Competition Commission of India. (ii) Selected candidates shall provide integrity certificates from 2 references known to them. (iii) A self-undertaking shall be provided by the candidate to the effect that he/she has no criminal record or criminal case in any court is pending against him/her. JYOTI JINDGAR, Secy. (I/C) [ADVT.-III/4/Exty./25/2022-23] **************** FOOTNOTES:- 1. The Principal Regulations were published vide Notification No R-40007/ 6/Reg-Expert/Noti/04-CCI dated 15.05.2009 in the Gazette of India, Extraordinary, Part III, Section 4, Dated 15th May, 2009 . 2. Amended vide Notification No A-12015/1/2014-HR/CCI dated 21.11.2014 in the Gazette of India, Extraordinary,