How to File RTI with CCI for Competition Law Complaints, Cartel Investigation and Enforcement Orders
Step-by-step guide to file an RTI with the Competition Commission of India (CCI) for the status of an information/complaint filed under the Competition Act 2002, CCI investigation orders, penalty orders against enterprises, and the regulatory framework applicable to anti-competitive conduct. Includes a ready-to-use sample RTI draft.
The Competition Commission of India (CCI) is a statutory body established under the Competition Act, 2002, under the Ministry of Corporate Affairs. CCI regulates anti-competitive agreements (cartels, bid rigging, resale price maintenance), abuse of dominant position, and combinations (mergers and acquisitions) that adversely affect competition in India. CCI is a public authority under Section 2(h) of the RTI Act, 2005.
RTI to CCI is most useful for tracking the status of a complaint already filed with CCI, obtaining CCI's enforcement orders against specific companies or industries, and establishing the regulatory framework before initiating a competition law action.
How CCI Processes a Complaint
Under the Competition Act, 2002:
Information filed under Section 19(1)
↓
CCI examines prima facie case
↓
Section 26(1): Prima facie case found → CCI directs DG to investigate
or
Section 26(2): No prima facie case → CCI closes the matter
↓
DG submits investigation report
↓
CCI passes final order under Section 27 (penalty / cease and desist)
or Section 28 (structural remedy / divestiture)
RTI can track where a filed complaint is at each stage — and can obtain the text of orders once passed.
What CCI Can and Cannot Provide Through RTI
CCI CAN provide through RTI:
- Status of filed information — whether it has been registered, and whether a Section 26(1) or 26(2) order has been passed
- Copies of CCI orders — Section 26(1), 26(2), 27, 28, and 31 orders are public documents
- Enforcement history against a specific enterprise or in a specific market
- Competition Act provisions and CCI Regulations applicable to specific types of conduct
- Penalty amounts and directions in concluded cases
CCI MAY WITHHOLD:
- DG investigation reports and working documents during active investigations — Section 8(1)(h)
- Third-party confidential business information submitted during proceedings — Section 8(1)(d)
- Information that would identify confidential informants — Section 8(1)(j)
For concluded cases, check cci.gov.in first — CCI publishes all final orders on its website. RTI is most valuable for active/pending cases where the online record is incomplete.
Key Provisions of the Competition Act, 2002
| Conduct | Relevant Section |
|---|---|
| Anti-competitive agreements (cartels, bid rigging, RPM) | Section 3 |
| Abuse of dominant position (predatory pricing, refusal to deal) | Section 4 |
| Investigation power | Section 26 (prima facie) → DG |
| Final order — penalty, cease and desist | Section 27 |
| Combination (merger) regulation | Sections 5–6, 31 |
| Penalty — up to 10% of average turnover for 3 years | Section 27(b) |
Where to File
CCI's office is in New Delhi. File on rtionline.gov.in:
- Select Ministry of Corporate Affairs → Competition Commission of India (CCI)
- Include your CCI case number or information reference number, and the name of the opposite party
- Pay ₹10 online. BPL cardholders are exempt
- Submit and note your registration number
What Specific Information Can You Ask For?
Complaint / case status:
- Status of information / Case No. XXX filed on Date against Enterprise Name — whether a prima facie order has been passed under Section 26(1) or 26(2), and the date
- If directed to DG under Section 26(1) — current stage of investigation
- Copy of the Section 26(1) or 26(2) order for Case No. XXX
Enforcement history: 4. Any final order (Section 27 or 28) passed against Enterprise Name in the last five years — case number, date, contravention found, and penalty imposed 5. Whether CCI has investigated relevant market / industry sector in the last five years and the outcomes
Regulatory framework: 6. Applicable provisions of the Competition Act, 2002 for the conduct complained of — resale price maintenance / predatory pricing / bid rigging / refusal to deal 7. CCI's market definition for relevant product/service market in any prior order involving industry sector
Appeals
First Appeal (Section 19(1)): File with the FAA at CCI within 30 days of the date of decision or expiry of the 30-day response period, whichever is applicable.
Second Appeal (Section 19(3)): File with the Central Information Commission (CIC) within 90 days. CCI is a Central Government statutory body — second appeal is CIC, not any State Information Commission.
Sample RTI Application Draft
Replace all text in [square brackets] with your actual details before filing. Do not include the brackets in your submission.
Frequently Asked Questions
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