Home India CORPORATE AFFAIRS Parliament Question: Enforcement of Competition Act...
Date: 2026-02-09 Category: Not Applicable State: Union Government Country: India

Parliament Question: Enforcement of Competition Act

Issued by CORPORATE AFFAIRS · Not Applicable

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Executive Summary & Key Takeaways

**Executive Summary** This document addresses Unstarred Question No. 1600 in Lok Sabha regarding the enforcement of the Competition Act, answered on February 9, 2026. The question covers developments in Jammu and Kashmir, implementation of recent Competition Act reforms, measures to improve CCI proceedings, and findings from the CCI's AI market study. The Minister of Corporate Affairs provides responses to the questions raised. **Key Points / Main Content** * **Enforcement in Jammu and Kashmir:** * No case was initiated against entities based in the Union Territory of Jammu and Kashmir during the specified period. * **Competition Law Reforms:** * The Government of India has notified Rules and Regulations under the Competition (Amendment) Act, 2023 (details in annexure). * The Competition (Amendment) Act, 2023 bases penalty calculation on global turnover. * The CCI has notified the CCI (Determination of Monetary Penalty) Guidelines, 2024, establishing a methodology for penalty determination. * **Improvements to CCI Proceedings:** * The Competition (Amendment) Act, 2023 aims to improve efficiency, transparency, and timelines of CCI proceedings. * The Act reduces the time limit for approval of combinations (M&As) from 210 to 150 days. * The Act introduces settlement and commitment frameworks for faster resolution. * The Act incorporates a Green Channel route for expedited approval of combinations through deemed approval. * **AI Market Study:** * The CCI undertook a market study on AI and Competition to understand AI systems, markets, and ecosystems. * The study identifies competition concerns including concentration in the AI value chain, ecosystem lock-in, algorithmic collusion, self-preferencing, and AI-enabled price discrimination. * Findings aim to promote a competitive AI ecosystem, protect consumer welfare, include self-audit of AI systems, improve transparency, and foster international cooperation. * **Annexure:** * The Competition (Amendment) Act, 2023 was notified on 11.04.2023. * Various Rules framed under the Act include: * Competition (Form of Publication of Guideline) Rules 2023. * Competition (Minimum Value of Assets or Turnover) Rules, 2024. * Competition (Criteria of Combination) Rules 2024. * Competition (Criteria for Exemption of Combinations) Rules 2024. * Relevant Regulations include: * CCI (Lesser Penalty) Regulations, 2024. * CCI (Settlement) Regulations, 2024. * CCI (Commitment) Regulations, 2024. * CCI (Determination of Turnover or Income) Regulations, 2024. * CCI (Combination) Regulations, 2024. * CCI (General) Regulations, 2024. **Impact Analysis** **Government of India/Ministry of Corporate Affairs** * **Impact:** Required to enforce and implement the Competition Act reforms and address competition concerns in the AI market. * **Action Required:** Continue implementing the outlined measures, regulations, and guidelines. **Competition Commission of India (CCI)** * **Impact:** Responsible for the effective enforcement of the Competition Act. * **Action Required:** Must follow the new guidelines for penalty determination, streamlining proceedings, and addressing competition issues in the AI market through advocacy and policy initiatives. **Businesses** * **Impact:** Subject to revised regulations regarding combinations, penalties, and potentially required to conduct self-audits of AI systems. * **Action Required:** Need to ensure compliance with the Competition (Amendment) Act, 2023 and its subsequent regulations. **Consumers** * **Impact:** Benefit from a more competitive AI ecosystem and protection from potentially anti-competitive practices such as algorithmic collusion and price discrimination. * **Action Required:** No direct action required.

Key Entities Referenced

Competition (Amendment) Act, 2023: Key legislation that amends the existing Competition Act, introducing reforms related to settlement, commitment mechanisms, penalty determination, and merger reviews. Competition Commission of India (CCI): The primary regulatory body responsible for enforcing the Competition Act, overseeing anti-competitive practices, and conducting market studies, including the AI market study. Jammu and Kashmir: Union Territory where the enforcement of the Competition Act is specifically addressed in the parliamentary question.
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GOVERNMENT OF INDIA MINISTRY OF CORPORATE AFFAIRS LOK SABHA UNSTARRED QUESTION NO. 1600 ANSWERED ON MONDAY, FEBRUARY 9, 2026 ENFORCEMENT OF COMPETITION ACT QUESTION 1600. Shri Jugal Kishore Will the Minister of CORPORATE AFFAIRS be pleased to state: (a) the major developments made in the enforcement of the Competition Act in Jammu and Kashmir during the year 2025 including overseeing of anti-competitive practices and merger by the Competition Commission of India (CCI); (b) the steps taken by the Government to implement recent Competition Act reforms including changes regarding settlement and commitment mechanisms and penalty determination; (c) the institutional and procedural measures taken by the Government to improve the efficiency, transparency and timelines of proceedings before the CCI; and (d) the key objectives and competitive concerns identified in the market study on the Artificial Intelligence (AI) made by the CCI along with the manner in which its findings are likely to be used to guide future competition policy and enforcement? ANSWER MINISTER OF STATE IN THE MINISTRY OF CORPORATE AFFAIRS AND MINISTER OF STATE IN THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS. (SHRI HARSH MALHOTRA)(a) No case emanated from or was instituted against entities based in the Union Territory of Jammu and Kashmir during the period. (b) To operationalize recent competition law reforms, the Government of India notified various Rules and Regulations under the Competition (Amendment) Act, 2023. The details are placed at Annexure. With respect to penalty determination, the Competition (Amendment) Act, 2023 provided for calculation of penalty based on the global turnover of the person or enterprise. The Competition Commission of India has notified the CCI (Determination of Monetary Penalty) Guidelines, 2024, which lay down a detailed methodology for determination of penalty. (c) To improve the efficiency, transparency and timeliness of proceedings before the Commission, Competition (Amendment) Act, 2023 introduced forward looking reforms to reduce the time limit for approval of combinations (M&As), from 210 days to 150 days and also introduced settlement and commitment framework in the interests of faster resolution of competition cases. Further, the Green Channel route incorporated under the Act facilitates expedited approval of combinations through deemed approval upon filing of notice with the CCI, thereby enabling faster resolution of competition cases. (d) The Market Study on AI and Competition was undertaken to understand key AI system and markets/ecosystems including stakeholders, essential inputs/resources, value chains, market structures and competition parameters; examine emerging competition issues; assess AI applications, opportunities, risks and ramification; understand regulatory/ legal frameworks in India and other major jurisdictions; and ascertain the Commission’s enforcement and advocacy priorities. The Study identified key competition concerns including concentration in the AI value chain due to high upfront costs and access to data and talent; ecosystem lock-in and switching costs,risks of algorithmic collusion through AI-driven pricing algorithms and automated business decisions; self-preferencing across the AI tech stack and AI-enabled price discrimination through use of consumer data. To promote a competitive AI ecosystem in India and protect consumer welfare, the findings include self-audit of AI systems for competition compliance by businesses; improved transparency and reducing of information asymmetry; focused advocacy and capacity building by CCI; continuation of Government policy initiatives; and inter-regulatory coordination and international cooperation.Annexure The Competition (Amendment) Act, 2023 was notified on 11.04.2023. Pursuant to the Amendment, the following Rules have been framed under the Competition (Amendment) Act, 2023: i. The Competition (Form of Publication of Guideline) Rules 2023. (GSR No. 795(E). ii. The Competition (Minimum Value of Assets or Turnover) Rules, 2024. (GSR No. 547(E). iii. The Competition (Criteria of Combination) Rules 2024. (GSR No. 548(E). iv. The Competition (Criteria for Exemption of Combinations) Rules 2024. (GSR No. 549(E). In addition, all relevant Regulations under the Competition (Amendment) Act, 2023 have been framed and notified, namely: ⮚ The Competition Commission of India (Lesser Penalty) Regulations, 2024 ⮚ The Competition Commission of India (Settlement) Regulations, 2024 ⮚ The Competition Commission of India (Commitment) Regulations, 2024 ⮚ The Competition Commission of India (Determination of Turnover or Income) Regulations, 2024 ⮚ The Competition Commission of India (Combination) Regulations, 2024 ⮚ The Competition Commission of India (General) Regulations, 2024 ****

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