CCI

1. MODULE 6. ENFORCEMENT PROCESS
• Structure of Competition Authority
• Regulatory Independence and Accountability
• Jurisdiction of CCI and other Sectoral Regulator
• Leniency Program
• Competition Advocacy
• Action for Compensation
• Case Studies

2. MODULE 6. ENFORCEMENT PROCESS
Structure of Competition Authority
1. COMPETITION COMMISSION OF INDIA (Section 7)
• Central Government may, by notification, appoint, there shall be established, for the
purposes of this Act, a Commission to be called the “Competition Commission of
India”.
2. Appointment of Director General, etc. (Section 16)
• The Central Government may, by notification, appoint a Director General for the
purposes of assisting the Commission in conducting inquiry into contravention of
any of the provisions of this Act and for performing such other functions as are, or
may be, provided by or under this Act.

3. MODULE 6. ENFORCEMENT PROCESS
Structure of Competition Authority
3. Establishment of Appellate Tribunal (Section 53A)
• The National Company Law Appellate Tribunal constituted under section 410 of the
companies Act, 2013 shall, on and from the commencement of Part XIV of Chapter
VI of the Finance Act, 2017, be the Appellate Tribunal for the purpose of this Act
4. Appeal to Supreme Court (Section 53T)
• The Central Government or any State Government or the Commission or any
statutory authority or any local authority or any enterprise or any person aggrieved
by any decision or order of the Appellate Tribunal may file an appeal to the Supreme
Court within sixty days from the date of communication of the decision or order of
the Appellate Tribunal to them

4. MODULE 6. ENFORCEMENT PROCESS
Establishment of Commission [Section 7]
(1) Central Government shall establish, for the purposes of this Act, a Commission to
be called the “Competition Commission of India”.
(2) body corporate, perpetual succession and a common seal
To acquire, hold and dispose of property, both movable and immovable,
to contract
Sue or be sued by name
(3) The head office government may decide from time to time.
(4) The Commission may establish offices at other places in India.

5. MODULE 6. ENFORCEMENT PROCESS
Composition of Commission [Section 8]
(1) The Commission shall consist of a Chairperson and not less than two and not more
than six other Members to be appointed by the Central Government.
(2) The Chairperson and every other Member shall be a person of ability,
integrity and standing and who has special knowledge of, and such
professional experience of not less than fifteen years in, international
trade, economics, business, commerce, law, finance, accountancy,
management, industry, public affairs or competition matters, including
competition law and policy, which in the opinion of the Central Government,
may be useful to the Commission.
(3) The Chairperson and other Members shall be whole-time Members.

6. Other Sectoral Regulator
• The Securities and Exchange Board in India (SEBI): Various provisions of the SEBI
Act, 1992 direct it to prohibit unfair and fraudulent trade practises. It also regulates
the acquisitions of shares and mergers. Thus, there is a clear overlap of jurisdiction
since the Competition Commission has also been bestowed with similar
responsibilities.
• Insurance Regulatory and Development Authority (IRDA): IRDA Regulations, 2016,
authorises IRDA to regulate combinations in the insurance sector. This is again an
overlap of jurisdiction with the Competition Commission of India.
• Telecom Regulatory Authority of India (TRAI): Section 11(1)(h) of TRAI Act,
1997 empowers TRAI to facilitate efficiency in providing telecommunications
services to promote fair competition and establish a level playing field. This is also
one of the objectives of the CCI and hence, potential for overlap in jurisdiction.