1. How is payment to be made?
The payment to the CCI will be made through the e-payment gateway to which the user will be led after filling in necessary details. The payment will be through the e-payment gateway of Corporation Bank. The charges for making the payment through internet banking are Rs 20 + applicable service tax and in case of payment through other modes ( like debit card / credit card) the charges are 1.80% of the amount paid through the portal plus the applicable service tax.
The charges levied by the payment gateway are those prevailing at the time of the making payment and are liable to change.
Since Internet Banking is cheaper it is advisable to use that.
In case the form I for Combination regulations the fee payable is Rs.15,00,000 .
In case of filing under Section 3 or Section 4 of the Competition Act 2002 the charges are Rs.5000 in case of individual, HUF, NGO, Consumer Association or Cooperative Society and Rs. 20,000 in case of company/firm having turnover less than Rs. 1,00,00,000 in the preceding year. In other cases the filing fees is Rs 50000/-.
No fee payable in case of information received from the Central Government, State Government or Statutory Authority.
For details please refer to Regulation 49 of the CCI (General) Regulation 2009 and Regulation 11 of the CCI (Procedure in regard to transaction of business) relating to Combination) Regulation 2011.
The credit of payment is reflected in the records of the CCI in three days.
2. Do I need Digital Signature?
Yes, digital signatures are required for verification of the registered user as well as the documents uploaded.
3. If the Commission needs additional documents/information/clarification, how can these be uploaded?
Once a receipt is issued and the Commission during hearing or otherwise seeks additional documents (including information required in accordance with combination regulations) these can be uploaded by logging in through the user id and password selected at the time of registration.
4. Will I get an acknowledgement?
Yes, an acknowledgement will be given along with a file reference number. Please note this will not be the actual case number allotted to the case. Case number will be allotted separately and intimated to the informant/ notifying party via email.
5. Can I file documents on which I seek confidentiality?
Yes, you can file documents on which confidentiality is sought. You have to use the specific tab “Upload Confidential Documents” for this purpose. The Commission will decide on the issue of their confidentiality subsequent to the filing. Please note that for combination cases, only confidential version of notice is required to be filed. Non-confidential version of the notice should be filed manually.
6. What is the size of the documents that can be uploaded?
Maximum size limit for the file to be uploaded is 20 MB. (It is advisable to type the information in Word Document and convert into PDF format). If there are photographs or other scanned documents which need to be uploaded, care should be taken to scan such documents, photographs using an image resolution of 300 dpi and save as a PDF document.
If applicant/ notifying party wants to provide any other type of media, it can be forwarded separately to the Commission via courier.
7. Do I need to file a physical copy of the documents?
Yes one copy of physical documents needs to be forwarded to the Commission which should be received with 4 working days. This should be sent by courier.
FAQs- E-filing for Combination
1.Why should I file the notice electronically?
Form I received through e-filing facility can be scrutinised early for conformity with the Combination Regulations, including the requirements of the applicable forms and the respective notes to forms (as published on the website of CCI). As a result, in the event there is any non-conformity, the parties can be informed early. Thus, e-filing may help you to receive early clearance.
2.Why is e-filing facility available till 20th day from the date of trigger event?
CCI has set the cut-off limit for filing copy of notice though e-filing facility as 20th day from the trigger event so that a detailed scrutiny may be done offline regarding the notice filed through the e-filing facility. Such scrutiny shall enable early communication to the parties regarding minor gaps in information provided in the notice.
3.Do I still need to file a physical copy or compact disk (CD) containing the notice?
One physical copy is required to be filled within 4 working days if the electronic version of the notice has been e-filed. However, in case the parties choose not to file a copy of the notice through e-filing or wish to file the notice after 20th day from the trigger date, physical copy and the electronic version of the notice on a compact disk will be required to be filed as is being done presently.
4. When will the timelines of 210 days and 30 working days commence?
The statutory timelines of 210 days under Section 31(11) the Act and 30 working days under regulation 19(1) of the Combination Regulations shall commence only upon receipt of notice in electronic copy in accordance with regulation 5 read with Regulation 13 of the Combination Regulations.
5. Is e-filing facility available for filings made in accordance with Regulation 8 of the Combination Regulations?
6. How to ensure that the size of scanned PDF documents is not excessive?
To ensure that the size of scanned PDF document is within the permissible size limits, it is recommended that scanning should be done in ‘black & white’ mode at 300 dpi (dot per inch) resolution.
7. I have scanned documents and want to upload/ submit the same.
You can upload/ submit the scanned documents by attaching the same with the notice and submitting on CCI website. Please label each document separately and mention the paragraph number of Form-I in the label. For example, if annual report of “Company X” is being uploaded, label the document as “6.5 a – Annual Report – Company X”.
8. Can I file Form II and III online?
No, not at present.
FAQs- e filing for Antitrust
1. How do I e-file a complaint/information u/s 19 of the Competition Act, 2002?
Once you click on the validation / activation link received in your email after registering, you have to register your DSC and then you are ready to file. Click on Antitrust to file. In case of antitrust it is mandatory to file certain documents and others are optional.
2. What documents are to be uploaded in case of an information / reference u/s 19 of the Competition Act, 2002?
The information/reference containing the following
- A statement of facts;
- Details of the alleged contraventions of the Competition Act, 2002 together with a list enlisting all documents, affidavits and evidence, as the case may be, in support of each of the alleged contraventions;
- A succinct narrative in support of the alleged contraventions;
- Relief sought, if any.
All documents which are intended to be a part of the filing under the CCI (General Regulation) 2009 need to be uploaded.
3. If I am represented by an advocate – what do I have to do?
In case you are represented by an advocate then the Power of Attorney (“Vakalatnama”) of the advocate needs to be uploaded. In case information is being filed by a company, the authorisation by the board of directors in name of the authorised representative of the company also needs to be uploaded.
4. In case of more than one advocate, do I have to give the names and Power of Attorney of all?
Yes. E-filing allows adding names of more than one advocate. Power of attorney/vakaltnama of all advocates can be uploaded in a single document. These should not be scanned with not more than 300 dpi resolution.
5. If there are more than one opposite parties, do I have to give all their names?
Yes – Names of all opposite parties along with their addresses have to be furnished.
6. After filing information/reference u/s 19 of the Competition Act, 2002, can I upload additional documents?
Once e-filing is complete, an acknowledgement is issued. After ascertaining the payment of fee, a case number will be allotted and intimated to you by e-mail. Thereafter, only the documents that are called for by the Commission in that case can be filed through the portal, after authorisation by administrator, using the same User Id and password and duly verified by digital signature certificate.
7. Can I file another information/ reference u/s 19 of the Competition Act, 2002 using the same User Id and Password?
8. Do I still need to file physical copy(s) or electronic version in CD of the information/reference?
One physical copy of the information/reference is required to be filed if the electronic version of the information/reference has been e-filed in 4 working days. However, if the parties choose not to file information/ reference through the e-filing portal, then the physical copies and electronic version in CD of the information/reference will be required to be filed as is being done presently.
The Commission reserves the right to seek additional documents in physical form in case the scanned document is not legible or for any other reason.