Background
Adhering to the principles of “due processes”,
Indian judicial and regulatory authorities have been taking steps
to reduce delays in adjudicatory processes. Enforcement proceedings
relating to anticompetitive agreements or abuse of dominance before
the Competition Commission of India (CCI) may also
not be immune to such inordinate delays. Thus, it may require fresh
attempts to get the processes streamlined to the extent
possible.
During enforcement proceedings, parties disclose confidential
information before two authorities: (i) the Director General
(DG) of the CCI during the investigation phase;
and (ii)the CCI itself during the hearing stage. If confidential
information is placed / shared before the DG or the CCI, a
non-confidential version of the same filing is also required to be
submitted where the disclosing party redacts confidential
information. This non-confidential set is subsequently placed
before other parties to the proceedings.
