How to File Information Before the CCI Under Section 19
Complete Guide to Filing Information Before the Competition Commission of India
Introduction
The Competition Commission of India (CCI) is the principal competition regulator in India. It is responsible for preventing practices that have an appreciable adverse effect on competition, promoting and sustaining competition, protecting the interests of consumers and ensuring freedom of trade in Indian markets.
One of the important ways in which a competition matter can come before the CCI is through information filed under Section 19(1)(a) of the Competition Act, 2002.
A person who becomes aware of cartelisation, bid rigging, an anti-competitive agreement, a restrictive arrangement or abuse of dominant position may be able to bring the matter before the Commission. The person filing the information does not necessarily have to be the direct victim of the alleged conduct.
The CCI itself explains that information may be filed by any person, consumer or their association or trade association. The Commission's filing guidance also identifies anti-competitive agreements, including cartelisation, and abuse of dominant position as matters for which information can be filed.
However, filing information before the CCI is not the same thing as filing an ordinary civil suit. The CCI conducts proceedings in the public interest and decides whether the material placed before it discloses a prima facie case requiring further investigation.
What Is Section 19 of the Competition Act, 2002?
Section 19 of the Competition Act, 2002 deals with the Commission's power to inquire into certain agreements and abuse of dominant position.
Under Section 19(1), the Commission may inquire into alleged contraventions of the competition provisions through different routes. These broadly include:
- Information received from a person, consumer or association;
- Information or knowledge available to the Commission on its own;
- A reference made by the Central Government;
- A reference made by a State Government; or
- A reference made by a statutory authority.
For an ordinary informant, the most relevant route is Section 19(1)(a).
Who Can File Information Before the CCI?
Section 19(1)(a) uses broad language. Information can be filed by:
- Any person;
- A consumer;
- A consumer association;
- A trade association; or
- Other eligible entities recognised under the statutory framework.
The CCI's official filing guidance states that the expression "person" covers individuals as well as entities such as HUFs, firms, companies, local authorities, corporations, cooperative societies and artificial juridical persons.
This broad standing is important because competition law is concerned not merely with an individual's private loss but with conduct that may affect competition in a market.
Can a Person File Even If They Are Not Directly Affected?
Yes, the statutory framework does not restrict Section 19 information only to a person who has personally suffered a financial loss.
The Supreme Court's decision in Samir Agrawal v. Competition Commission of India is particularly relevant to this aspect. The case concerned information relating to alleged price coordination involving cab aggregators.
The broader principle is that the informant's role is to bring potentially anti-competitive conduct to the Commission's attention. The Commission then examines the allegations and evidence according to the Competition Act.
Therefore, a person who possesses credible information regarding possible cartelisation or abuse of dominance may potentially approach the CCI even if the person's relationship with the market is different from that of the enterprise being investigated.
What Types of Matters Can Be Filed Under Section 19?
Section 19 information is primarily relevant to alleged contraventions involving:
1. Anti-Competitive Agreements
Section 3 of the Competition Act deals with agreements that cause or are likely to cause an appreciable adverse effect on competition.
Examples can include:
- Cartelisation;
- Price fixing;
- Bid rigging;
- Market sharing;
- Output restriction;
- Certain forms of exclusive dealing;
- Refusal to deal in appropriate circumstances; and
- Other prohibited horizontal or vertical arrangements.
2. Abuse of Dominant Position
Section 4 of the Competition Act prohibits abuse of dominant position.
Examples of potentially abusive conduct may include:
- Unfair or discriminatory conditions;
- Unfair or discriminatory prices in appropriate circumstances;
- Predatory pricing;
- Limiting production or technical development;
- Denial of market access;
- Using dominance in one market to enter or protect another market in prohibited circumstances; and
- Other conduct falling within Section 4.
What Matters Are Generally Not Filed as Section 19 Information?
Not every commercial dispute is a competition-law dispute.
A disagreement over a contract, unpaid invoice, defective goods, employment issue or individual consumer grievance does not automatically become a Section 3 or Section 4 competition matter.
The central question is whether the facts disclose conduct that falls within the competition-law jurisdiction of the CCI.
For example, if two companies simply have a contractual disagreement, that may require a contractual or civil remedy rather than a competition investigation. However, if the facts demonstrate conduct affecting competition in a market, a competition-law issue may arise.
Three-Year Limitation Period Under Section 19
A major development in the law is the limitation period introduced through the Competition (Amendment) Act, 2023.
Section 19(1) now provides that the Commission shall not entertain an information or reference unless it is filed within three years from the date on which the cause of action arose.
There is, however, a proviso allowing the Commission to entertain a delayed filing where it is satisfied that there was sufficient cause for the delay and records reasons for condoning the delay.
This means that a person dealing with an old competition dispute should not simply assume that the limitation period does not matter.
What If the Information Is Filed After Three Years?
If the filing is beyond the applicable three-year period, the informant should address the delay specifically and seek condonation where appropriate.
The explanation should deal with the actual reasons for delay and should not merely repeat the allegations against the opposite party.
The CCI has considered limitation issues in recent cases and has emphasised the statutory requirement concerning the three-year period.
How to Draft Information Under Section 19
The drafting of information is one of the most important stages of a competition proceeding.
A strong filing should make it easy for the Commission to understand:
- Who the informant is;
- Who the opposite parties are;
- What conduct is being challenged;
- Which provision of the Competition Act is allegedly violated;
- What the relevant market is, where relevant;
- How the alleged conduct affects competition;
- What evidence supports the allegations;
- When the cause of action arose;
- Whether any related litigation is pending; and
- What relief or action is being requested.
Basic Structure of a Section 19 Information
| Part | What It Should Cover |
|---|---|
| Title | Identification of the Competition Commission of India and the proceeding. |
| Informant Details | Name, address, contact details and status of the informant. |
| Opposite Parties | Names and addresses of the enterprise(s) whose conduct is challenged. |
| Jurisdiction | Explanation of why the matter falls within the CCI's jurisdiction. |
| Facts | Chronological statement of relevant events. |
| Legal Grounds | Specific allegations under Section 3 and/or Section 4. |
| Market Analysis | Relevant market and competitive effects, especially in Section 4 cases. |
| Evidence | Documents, communications, records, data and other supporting material. |
| Pending Litigation | Details of relevant proceedings before courts, tribunals or authorities. |
| Relief | Action requested from the Commission within its statutory powers. |
| Verification/Affidavit | Verification of the contents as required by the applicable regulations. |
Facts Should Be Presented Chronologically
The facts section should generally be written in chronological order.
Instead of writing a long emotional narrative, the informant should explain the events in a logical sequence.
For example:
- Date on which the commercial relationship began;
- Relevant agreement or arrangement;
- Conduct allegedly adopted by the enterprise;
- Communications exchanged between the parties;
- Effect of the conduct on the market;
- Complaints or representations made earlier;
- Response received, if any;
- Continuing consequences; and
- Relevant evidence supporting each material allegation.
This approach allows the Commission to understand the alleged conduct without having to reconstruct the chronology from scattered documents.
Evidence Required for CCI Information
Evidence can be extremely important in competition proceedings.
Depending on the matter, supporting material may include:
- Agreements and contracts;
- Emails and business correspondence;
- Letters and notices;
- Price lists;
- Tender documents;
- Invoices;
- Market data;
- Public statements;
- Board or association communications;
- Meeting records;
- Messages or other relevant communications obtained lawfully;
- Government or regulatory records; and
- Other documents supporting the alleged conduct.
Affidavit and Verification Requirements
The CCI's official filing instructions require the information and supporting material to be complete and duly supported by an affidavit verifying its contents.
The filing also has to be properly signed by the person authorised to submit it.
The applicable signing requirements vary depending upon whether the informant is an individual, HUF, company, association, partnership, cooperative society or another legal entity.
Formatting Requirements for CCI Filing
The CCI's current filing guidance specifies particular formatting requirements.
| Requirement | Current CCI Guidance |
|---|---|
| Font | Arial, size 12 |
| Paper | A4 white bond paper |
| Spacing | Double spacing |
| Left Margin | 2 inches |
| Other Margins | 1 inch |
| Letterhead | Filing should not be made on personal/entity letterhead |
| Copies | Two copies, together with an electronic PDF copy wherever possible |
These requirements are stated on the CCI's official filing page and should be checked again before filing because procedural requirements can be updated.
CCI Filing Fees Under Regulation 50
One of the most important practical requirements is payment of the prescribed filing fee.
Regulation 50 of the Competition Commission of India (General) Regulations, 2024 provides different fees depending on the category of the informant.
| Category of Informant | Fee |
|---|---|
| Individual / HUF | ₹6,000 |
| NGO / Consumer Association / Cooperative Society / Trust | ₹12,000 |
| Firm or company with preceding-year turnover up to ₹2 crore | ₹50,000 |
| Firm or company with turnover above ₹2 crore and up to ₹50 crore | ₹1,25,000 |
| Other cases | ₹6,00,000 |
The CCI's official filing page confirms these amounts under Regulation 50.
How Can the CCI Filing Fee Be Paid?
The CCI's filing guidance states that the fee may be paid through specified banking instruments or electronic clearance/remittance to the Competition Commission of India (Competition Fund).
Because payment instructions and banking details can change, the CCI's official filing page should be checked immediately before making payment.
Where Is Information Filed?
Information and related communications are presented to the Secretary of the CCI or an officer authorised by the Secretary.
The CCI's filing guidance provides for presentation in person or sending the filing through the specified modes such as registered post or courier, subject to the Commission's current procedure.
Where separate supporting documents are to be relied upon, the CCI's filing guidance also refers to a paper book containing the additional documents.
Can Information Be Filed Electronically?
The CCI has provisions concerning electronic filing and its current filing instructions should be checked before relying on an electronic filing route.
Do not assume that simply emailing a complaint to a general CCI email address automatically constitutes a valid Section 19 information.
The safest approach is to follow the current official filing format and procedure published by the CCI.
What Happens After Filing?
Filing is only the beginning of the proceeding.
Information is filed with the prescribed documents, affidavit and applicable fee.
The filing is examined for procedural or documentary defects.
The Commission considers whether the material discloses a prima facie case.
If appropriate, the Commission may direct the Director General to investigate.
The Director General submits the report to the Commission after investigation.
The Commission considers the investigation report and the responses/objections in accordance with the Act.
The Commission may pass an appropriate order under the Competition Act or close the matter depending on the circumstances.
What Is a Prima Facie Case?
A prima facie case is essentially the threshold stage at which the Commission examines whether the information and material before it disclose sufficient grounds for further investigation.
The Commission does not conduct the entire final adjudication merely because an information has been filed.
If the Commission finds a prima facie case, it may direct the Director General to investigate under Section 26(1).
If it finds no prima facie case, the matter may be closed under the applicable provision.
Role of the Director General
The Director General (DG) is the investigative arm associated with competition investigations directed by the CCI.
Where the Commission directs an investigation, the DG may examine documents, collect evidence and examine persons in accordance with the statutory powers available for investigation.
The investigation is not simply a continuation of the informant's private case. The DG conducts the investigation independently under the authority of the Commission.
Can the CCI Close Information Under Section 26(2)?
Yes.
If the Commission is of the opinion that there is no prima facie case, it can close the matter under Section 26(2).
The Competition Act also contains Section 26(2A), which deals with situations where the same or substantially the same facts and issues have already been decided by the Commission.
Therefore, an informant should conduct appropriate research before filing and should disclose relevant earlier proceedings and related litigation.
Is the Informant Entitled to a Hearing Before Closure?
The issue of whether an informant must be heard before closure has been considered by the courts and tribunals.
Recent decisions have held that the CCI is not necessarily required to provide a hearing to an informant before closing information at the prima facie stage under Section 26(2).
For example, the 2026 decision in Karnataka Power Corporation Ltd. v. Competition Commission of India addressed this question, and the subsequent Supreme Court proceedings did not result in a reversal of that position at the admission stage.
The Delhi High Court also considered the issue in KSD Zonne Energie LLP v. Competition Commission of India in 2026.
Can an Informant Appeal Against Closure?
Yes, the Competition Act provides an appellate mechanism.
An informant aggrieved by an order falling within the relevant statutory provisions may approach the National Company Law Appellate Tribunal (NCLAT) under Section 53B, subject to the statutory requirements and limitation period.
The limitation period for an appeal should be treated seriously. A person considering an appeal should obtain the order promptly and calculate the limitation period from the date prescribed by law.
Can the CCI Grant Interim Relief?
In appropriate cases, an informant may seek interim relief under Section 33 of the Competition Act, 2002.
Interim relief is intended for situations where immediate measures may be necessary pending the Commission's consideration of the matter.
However, interim relief is not automatic. The applicant must satisfy the applicable legal requirements and place adequate material before the Commission.
Can Confidentiality Be Requested?
Yes. The CCI framework contains provisions dealing with confidentiality.
An informant may seek confidentiality for eligible information where disclosure could expose sensitive commercial information, trade secrets or other protected material.
However, confidentiality does not mean that the informant can file anonymously before the Commission.
The Commission needs to know the identity of the informant, while the confidentiality framework deals with disclosure to other participants and publication of protected information.
What Should a Confidentiality Request Explain?
A confidentiality request should be properly supported rather than made as a blanket request covering every document.
The applicant should identify the material for which confidentiality is claimed and provide appropriate reasons consistent with the applicable regulations.
The CCI (General) Regulations, 2024 contain specific requirements governing confidentiality claims.
Do You Need a Lawyer to File Information Before the CCI?
A person is not necessarily required to engage a lawyer merely to submit information before the CCI.
Section 35 of the Competition Act permits representation by specified professionals and authorised persons in accordance with the Act.
Nevertheless, competition matters can involve complex questions relating to relevant market, market power, economic evidence, Section 3, Section 4, limitation, confidentiality and procedural requirements.
For a complicated matter, professional advice can therefore be valuable even though representation is not universally mandatory.
Section 19 Information vs Civil Suit
| Section 19 Information | Civil Suit |
|---|---|
| Filed before the CCI | Filed before a competent civil court |
| Focuses on competition law | Generally focuses on private civil rights and remedies |
| Can concern market-wide competitive effects | Usually concerns rights and obligations between parties |
| Commission conducts regulatory inquiry | Parties litigate their civil claims |
| Compensation is governed by separate statutory provisions | Damages may be claimed where legally available |
Section 19 Information vs Consumer Complaint
A consumer complaint and competition information serve different legal purposes.
A consumer may have a remedy relating to defective goods, deficient services, unfair trade practices or other consumer-law issues. But if the conduct involves a competition concern such as cartelisation or abuse of dominant position, the CCI may have jurisdiction under the Competition Act.
The correct forum therefore depends upon the nature of the legal grievance.
Common Examples of Situations That May Raise Competition Issues
- Several competitors allegedly coordinating prices;
- Competitors allegedly agreeing not to compete in particular territories;
- Bid rigging in a tender;
- A trade association allegedly adopting an anti-competitive decision;
- A dominant enterprise allegedly denying market access;
- Alleged predatory pricing by a dominant enterprise;
- Exclusive arrangements that potentially restrict competition; and
- Other conduct potentially falling within Sections 3 or 4.
Whether a particular fact pattern actually constitutes a contravention requires legal and economic analysis.
Example: Trade Association Boycott
Suppose a local trade association adopts a decision requiring all distributors to stop supplying a particular trader.
The trader could examine whether the association's decision constitutes an anti-competitive agreement or decision falling within Section 3.
The trader should collect relevant association communications, circulars, meeting records, distributor communications, supply refusals and other evidence.
The information should then explain how the conduct affects competition rather than merely stating that the trader suffered a commercial loss.
Example: Alleged Bid Rigging
Suppose several businesses participate in public tenders and there is evidence suggesting that the participants coordinated bids instead of competing independently.
Potential indicators might include unusual bid patterns, communications between competitors, allocation of tenders or territories, identical unusual terms, or other evidence.
Such material may be relevant to a competition-law filing concerning cartelisation or bid rigging.
Example: Abuse of Dominant Position
Suppose an enterprise has significant market power in a properly defined relevant market and allegedly imposes conduct that restricts competitors or denies market access.
A Section 4 information would need to explain more than the fact that the enterprise is large.
The filing should address the relevant product market, relevant geographic market, dominance indicators and the particular conduct alleged to constitute abuse.
Relevant Market in Competition Law
In many Section 4 matters, the relevant market becomes an important part of the analysis.
The relevant market may involve:
- Relevant product market;
- Relevant geographic market; or
- A combination of both.
The Competition Act contains statutory factors relevant to determining the relevant market.
The informant should therefore avoid simply saying that the opposite party is "dominant" without explaining the market in which dominance is alleged.
Common Mistakes While Filing CCI Information
- Calling every commercial dispute an antitrust dispute.
- Failing to identify the relevant statutory provision.
- Providing allegations without evidence.
- Ignoring the three-year limitation period.
- Failing to disclose related litigation.
- Using an outdated filing format.
- Ignoring the prescribed filing fee.
- Making unsupported allegations against businesses.
- Submitting poorly organised annexures.
- Assuming that filing automatically guarantees investigation.
Checklist Before Filing Information Under Section 19
- Check whether the grievance actually concerns competition law.
- Identify whether Section 3 or Section 4 is involved.
- Identify the correct opposite parties.
- Prepare a chronological statement of facts.
- Collect supporting evidence.
- Check the three-year limitation period.
- Consider whether a delay-condonation application is required.
- Check pending or previous litigation.
- Use the latest CCI filing format.
- Prepare the required affidavit.
- Calculate the correct filing fee.
- Prepare properly numbered annexures.
- Consider confidentiality requirements.
- Consider whether interim relief is necessary.
- Verify the current filing instructions on the CCI website immediately before submission.
Important Competition Act Sections for Students
| Section | Subject |
|---|---|
| Section 3 | Anti-competitive agreements |
| Section 4 | Abuse of dominant position |
| Section 6 | Regulation of combinations |
| Section 19 | Inquiry into certain agreements and dominant position |
| Section 26 | Procedure for inquiry |
| Section 27 | Orders after inquiry into agreements or abuse of dominant position |
| Section 33 | Interim orders |
| Section 35 | Appearance before the Commission |
| Section 41 | Power of Director General to investigate |
| Section 45 | Penalty for certain offences |
| Section 53A | Appellate Tribunal |
| Section 53B | Appeal to Appellate Tribunal |
| Section 53N | Compensation |
| Section 53T | Appeal to Supreme Court |
| Section 57 | Restriction on disclosure of information |
Important Case Laws
Samir Agrawal v. Competition Commission of India
This Supreme Court decision is important for understanding who can approach the CCI and the nature of proceedings under the Competition Act.
Competition Commission of India v. Steel Authority of India Ltd.
This Supreme Court judgment is an important authority concerning the nature of the prima facie stage under Section 26(1) and the procedural position before an investigation is directed.
Karnataka Power Corporation Ltd. v. Competition Commission of India
The 2026 proceedings are relevant to the question of whether an informant must receive a hearing before information is closed at the prima facie stage.
KSD Zonne Energie LLP v. Competition Commission of India
The 2026 Delhi High Court decision considered the remedy available against closure of information and the relevance of the statutory appellate mechanism.
Frequently Asked Questions
Section 19(1)(a) provides the information route through which the CCI can receive information from a person, consumer or their association or trade association concerning matters falling within the Competition Act.
Any person, consumer, consumer association or trade association can file information subject to the statutory and procedural requirements.
Yes. An individual can file information under Section 19(1)(a), provided the matter falls within the CCI's competition-law jurisdiction and the prescribed filing requirements are satisfied.
Yes. Regulation 50 of the CCI (General) Regulations, 2024 prescribes different fees depending on the category of informant.
The prescribed fee for an individual or HUF is ₹6,000.
The statutory framework provides a three-year period from the date on which the cause of action arose, subject to the power of the Commission to condone delay where sufficient cause is established.
A delayed filing may be entertained where the statutory requirements for condonation of delay are satisfied. The reasons for delay should be specifically explained.
No. The CCI first examines whether the material discloses a prima facie case. An investigation may be ordered if the statutory threshold is satisfied.
Yes. An application seeking interim relief under Section 33 may be filed where the facts justify such relief.
Yes. The CCI framework contains provisions for confidentiality subject to the applicable requirements.
Yes. Cartelisation is among the types of anti-competitive conduct that may be brought before the CCI.
Yes. Alleged abuse of dominant position under Section 4 can be brought before the CCI through the information mechanism.
A lawyer is not universally mandatory merely for filing information. However, competition proceedings can involve complex legal and economic issues, so professional assistance may be appropriate depending on the case.
Compensation is governed by separate statutory provisions. An informant should distinguish between regulatory proceedings before the CCI and a compensation claim under the applicable law.
The Competition Act provides an appellate mechanism for specified orders, including relevant closure orders. An aggrieved person may consider an appeal to the NCLAT subject to the statutory requirements and limitation period.
Conclusion
Filing information before the Competition Commission of India under Section 19 can be an important mechanism for bringing potentially anti-competitive conduct to the attention of the competition regulator.
The most important point is that a Section 19 filing should not be treated as a simple complaint letter. It should clearly explain the alleged competition issue, identify the relevant enterprise or entities, set out the facts chronologically, identify the applicable provisions, provide supporting evidence and comply with the CCI's procedural requirements.
Before filing, the informant should also examine the three-year limitation period, applicable filing fee, affidavit requirements, confidentiality requirements and any previous or pending litigation concerning the same subject matter.
The CCI's official filing instructions and the Competition Commission of India (General) Regulations, 2024 should always be checked immediately before filing because procedural requirements, forms and filing mechanisms may be updated.
Official CCI Resources
For the latest filing procedure, prescribed format, fees and regulatory framework, refer to the official Competition Commission of India website.
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Hello, I am Rabi Kr. Pandit, the founder of this platform and a resident of Kolkata, India. I hold a degree in History, Political Science, and English, and I am currently pursuing my legal studies at Jogesh Chandra Chaudhary Law College under the University of Calcutta. I manage multiple educational blogs with the aim of delivering knowledge in a clear, structured, and accessible manner. My focus is on simplifying complex topics and presenting reliable information that benefits students and readers from diverse academic backgrounds.
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