In exercise of the powers conferred by section 64 read with subsection 1 of section 22 of the Competition Act,

## Report on the Competition Commission of India Meeting for Transaction of Business Amendment Regulations, 2021 **1. Executive Summary:** This report analyzes the Competition Commission of India (CCI) Meeting for Transaction of Business Amendment Regulations, 2021, as published in the Gazette of India. This amendment modifies the 2009 regulations concerning the CCI's meeting procedures. The core purpose of the amendment is to address the *coram* requirements for final hearings. The key change establishes a fixed *coram* for hearings after the completion of pleadings and stipulates procedures to be followed if the *coram* cannot be maintained. **2. Introduction:** This report provides an overview and analysis of the Competition Commission of India Meeting for Transaction of Business Amendment Regulations, 2021, based solely on the text provided in the official gazette notification. The report aims to inform stakeholders about the key changes introduced by this amendment. **3. Policy Overview:** This document is an *amendment* to the Competition Commission of India Meeting for Transaction of Business Regulations, 2009. The core objective of this amendment, as inferred from the text, is to ensure consistency and continuity in the composition of the *coram* (the minimum number of members required to be present for a valid meeting) during the final hearing process of cases before the CCI, to bring more efficiency and transparency in the process. **4. Background and Rationale:** The amendment likely aims to address potential issues related to inconsistent *coram* composition during final hearings under the original 2009 regulations. Fluctuations in the *coram* could potentially lead to inconsistencies in decision-making, increased hearing times, or perceived biases. By ensuring a consistent *coram* throughout the final hearing process, this amendment seeks to improve the fairness, efficiency, and reliability of the CCI's proceedings. **5. Key Provisions / Changes:** This section focuses specifically on the changes introduced by the 2021 amendment: * **Specific Part of Original Policy Changed:** The amendment inserts a *new* regulation, designated as "3A. Coram for meetings of Commission," after regulation 3 of the 2009 regulations. * **New Rule/Provision:** The new regulation 3A introduces the following provisions: * **3A(1):** After pleadings are completed, the Commission will set cases down for final hearing. The *coram* of the Commission at the start of these hearings must remain constant and that specific *coram* will continue to hear and participate in all subsequent proceedings on all hearing dates and will write the final orders. The new law requires that cases for final hearing after completion of pleadings and during such hearings, *coram* of the Commission would remain constant and such *coram* alone would continue to hear and participate in all subsequent proceedings on all hearing dates and would write the final orders. * **3A(2):** If it becomes impossible to continue the hearings with the same *coram*, for any reason, the matter must be heard *afresh* with a new *coram*. * **Difference/Effect of Change:** This amendment establishes a clear rule regarding the composition of the *coram* during final hearings. Previously, the *coram* may have been subject to change during the hearing process, which could lead to inconsistencies and potential delays. The new rule mandates a consistent *coram*, ensuring that the same members hear the entire case. In the event this is impossible, the hearing must restart with a new *coram*. This aims to improve consistency and perceived fairness. **6. Target Audience and Stakeholders:** The direct target audience and stakeholders affected by this amendment include: * The Competition Commission of India (CCI) itself, particularly its members and staff involved in hearing cases. * Parties involved in cases before the CCI, including businesses, legal representatives, and other relevant stakeholders, as they will be subject to new rules on *coram* composition. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Competition Commission of India (CCI) is the responsible body for implementing these regulations. * **Timelines or Procedures:** The amendment comes into force on the date of its publication in the Official Gazette (March 3, 2021, as indicated in the document). The CCI will need to establish internal procedures to ensure that a consistent *coram* is maintained throughout the final hearing process. If the established *coram* can not be maintained, a new hearing will be required. **8. Expected Outcomes / Impact of Changes:** The likely intended outcome of this amendment is to improve the consistency, fairness, and efficiency of the CCI's decision-making process during final hearings. By mandating a consistent *coram*, the amendment seeks to: * Reduce the potential for inconsistencies in the interpretation of evidence and arguments. * Enhance the perception of impartiality and fairness among stakeholders. * Potentially streamline the hearing process by reducing the need for re-familiarization with the case by new members of the *coram*. * Provide clarity on the procedure to be followed if the established *coram* can not be maintained and a new hearing is required **9. Conclusion:** The Competition Commission of India Meeting for Transaction of Business Amendment Regulations, 2021 represents a targeted effort to refine the CCI's procedures regarding *coram* composition during final hearings. The amendment aims to address potential issues related to inconsistency and ensure greater fairness and efficiency in the decision-making process. By mandating a consistent *coram* and providing clear guidelines for exceptional circumstances, this amendment reinforces the CCI's commitment to transparent and reliable regulatory practices.

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