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ARTICLE · 17 MAY 2024

Competition Commission Of India Updates Its Confidentiality Regime

On May 10, 2024, the Competition Commission of India ("CCI") notified the CCI (General) Amendment Regulations, 20241 ("Amended Regulation").

IndiaAntitrust/Competition Law

1. INTRODUCTION

1.1 On May 10, 2024, the Competition Commission of India ("CCI") notified the CCI (General) Amendment Regulations, 20241 ("Amended Regulation"). These regulations amend the provisions of the CCI (General) Regulations, 20092 ("General Regulations") in relation to the treatment of confidential information during CCI proceedings. The Amended Regulation traces its basis back to earlier this year when the CCI, on February 26, 2024, had invited comments from the public on the draft amendments to Regulations 35, 37, and 50 of the General Regulations3. Earlier in 2022, the CCI had amended4 the General Regulations to introduce the concept of "confidentiality ring" which allowed the parties to access the confidential information/documents of other parties during an investigation. The Amended Regulation seeks to further finetune the CCI's "confidentiality ring" regime. The key features of the Amended Regulation are set out in detail below:

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