CCI Annual Report 2021-22

Antitrust 2021-22 Competition Commission of India

This report has been prepared in the format provided in the Competition Commission of India (Form and Time of Preparation of Annual Report) Rules, 2008

Commission as on March 31, 2022 Left to Right: Shri Bhagwant Singh Bishnoi, Member; Shri Ashok Kumar Gupta, Chairperson; Dr. Sangeeta Verma, Member



Competition Commission of India CONTENTS v x Abbreviations xiii List of Tables 1 Chairperson’s Statement 15 A. Introduction 18 B. Investigations and inquiries ordered by the Commission 20 C. Orders passed by the Commission 26 D. Execution of Orders of the Commission and Penalties 28 E. Appeals 30 F. Matters received regarding Combination 32 G. References by Central Government/State Governments 34 H. References from and to statutory authorities 79 I. Competition Advocacy 85 J. Administration and Establishment Matters 87 K. Budget and Accounts 92 L. International Cooperation 107 M. Capacity Building 108 N. Ongoing Programs 109 O. Right to Information Act, 2005 110 P. Prevention of Sexual Harassment of Women at Workplace 111 Q. Processing of General Complaints and CPGRAMS 118 Photo Gallery Few CCI Publications iii Annual Report 2021-22



Competition Commission of India ABBREVIATIONS A AAEC - Appreciable Adverse Effect on Competition Ab InBev - Anheuser Busch InBev SA/NV ACCC - Australian Competition and Consumer Commission ACIL - Agro Corpex India Limited AIBA - All India Brewers’ Association AIIMS - All India Institute of Medical Sciences AJNIFM - Arun Jaitley National Institute of Financial Management APSE - Academy of Public Sector Enterprises APSIG - Asia Pacific School on Internet Governance ASSOCHAM - The Associated Chambers of Commerce and Industry of India ATD - Anti Trust Division. ATMA - Automotive Tyre Manufacturers Association B - Bangalore Chamber of Industry and Commerce BCIC - Bureau of Police Research and Development BPRD BRICS - Federative Republic of Brazil, the Russian Federation, the Republic of India, the People’s Republic of China and the Republic of South Africa C - Administrative Council for Economic Defense - Comptroller and Auditor General of India CADE - Competition Bureau, Canada C&AG - Cross-Border Cartels CB - Competition Commission of India CBC - Competition Commission of Mauritius CCI - Centre for Competition Law and Policy CCM - Competition Commission of South Africa CCLP - Centre for Digital Future CCSA - Confederation of Indian Industry CDF - Carlsberg India Private Limited CII - Chief Information Security Officer CIPL CISO v Annual Report 2021-22

Competition Commission of India CJD Logistics - CJ Darcl Logistics Limited Competition Appellate Tribunal COMPAT - Competition and Market Authority Centralised Public Grievance Redress and Monitoring System CMA - Central Public Information Officer Competition and Regulation European Summer School and CPGRAMS - Conference CPIO - Crown Beers India Private Limited CRESSE - Corporate Service Cochin University of Science and Technology Crown Beers - Cartel Working Group CS - CUSAT - CWG - D DG - Director General, CCI Dharamshastra National Law University DNLU - Department of Justice Direct Recruitment DOJ - Dumper and Dumper Truck Union Lime Stone DR - Distinguished Visitors Knowledge Sharing Dumper Truck - Union DVKS - E - European Union - Economically Weaker Section EU EWS F - Financial Analyst - Finance and Accounts FA - First Appellate Authority F&A - Fund Administering Committee FAA - Federal Antimonopoly Service, Russia FAC - Faculty Development Program FAS - Federation of Indian Chambers of Commerce and Industry FDP - Forum of Indian Regulators FICCI - Free Trade Agreement FOIR - Federal Trade Commission FTA - Financial Year FTC - Five Year Law College FY FYLC Annual Report 2021-22 vi

Competition Commission of India G - Gail (India) Limited - Global Forum on Competition GAIL GFC - Hidayatullah National Law University - Human Resource H - Himachal Pradesh Judicial Academy HNLU - Information and Broadcasting HR - Institute of Chartered Financial Analyst of India HPJA - Institute of Chartered Accountants of India - Indian Company Law Service I - International Competition Network - Indian Institute of Corporate Affairs I & B - Indian Institute of Foreign Trade ICFAI - Indian Oil Corporation Limited ICAI - Internet of Things ICLS - Institute of Secretarial Training and Management ICN - Information and Technology IICA - Indian Venture and Alternate Capital Association IIFT IOCL - Japan Fair Trade Commission IoT ISTM - Kawasaki Kisen Kaisha Ltd. IT IVCA - Low Density Poly Ethylene - Lesser Penalties J - Library Service JFTC vii K K-Line L LDPE LP LS Annual Report 2021-22

Competition Commission of India M - Maharaja Agrasen Institute of Management Studies - Merger and Acquisition MAIMS - Ministry of Corporate Affairs M & A - MIT, World Peace University MCA - Mitsui O.S.K. Lines Ltd. MIT WPU - Memorandum of Understanding MOL - Monopolies and Restrictive Trade Practices Commission MoU - Madras School of Economics MRTPC - Maruti Suzuki India Limited MSE - Micro, Small and Medium Enterprises MSIL MSME N - National Academy of Legal Studies and Research - National Company Law Appellate Tribunal NALSAR - New Delhi Institute of Management NCLAT - National Egg Co-ordination Committee NDIM - National e-Governance Division NECC - Network of Indian Competition Experts NeGD - Northern India Regional Council NICE - Non-governmental advisors NIRC - National Law University NGA - Nissan Motor Car Carrier Company NLU - Narsee Monjee Institute of Management Studies NMCC - National Productivity Council NMIMS - National Payments Corporation of India NPC - Nippon Yusen Kabushiki Kaisha NPCI NYK Line O OECD - Organisation for Economic Cooperation and Development OEM - Original Equipment Manufacturers OFWG - ICN Operational Framework Working Group OSCSC - Odisha State Civil Supplies Corporation Ltd. P P2P - Peer-to-Peer PSU - Public Sector Undertaking Annual Report 2021-22 viii

Competition Commission of India PTC - Probationers’ Training Course PVC - Polyvinyl Chloride PwD - Person with Disability R - Research and Trend Analysis - Rajiv Gandhi National University of Law R&TA - Resource Persons’ Scheme RGNLU - The Right to Information Act, 2005 RPS RTI S - SABMiller India Limited - State Administration for Market Regulation SABMiller - SBI Infra Management Solutions Pvt. Ltd. SAMR - Standing Conference of Public Enterprises SBIIMS - Special Lecture Series SCOPE - Southern Regional Office SLS - State Resource Person SRO SRP T - The Energy and Resource Institute - Telugu Film Chambers of Commerce TERI - Tamil Film Producers Council TFCC - Competition Act, 2002 TFPC The Act U - United Breweries Limited - Unilateral Conduct Working Group UBL - United Nations Conference on Trade and Development UCWG - Under Section UNCTAD - United States India Business Council u/s USIBC W - West Bengal National University of Judicial Sciences WB NUJS ix Annual Report 2021-22

Competition Commission of India LIST OF TABLES Table A1 Select Performance Parameters 1 Table A2 Sector-wise distribution of antitrust information received 12 Table A3 Sector-wise distribution of combination notices filed 12 Table B1 Year-wise receipt and disposal of alleged contraventions of Section 3 15 and 4 of the Act Table B2 Alleged contraventions of Section 3 and 4 of the Act noticed in 2021- 16 22 Table B3 Disposal of alleged contraventions of Section 3 and 4 till March 31, 16 2022 Table B4 Investigations ordered and completed 17 Table B5 Investigations by the Director General in 2021-22 17 Table C1 Orders passed by the Commission in Section 3/4 Cases 18 Table C2 Orders passed by the Commission in Section 3/4 Cases in 2021-22 19 Table D1 Monetary penalties imposed and realised by the Commission 20 Table D2 Break up of monetary penalties for various contraventions 21 Table D3 Monetary penalties imposed and realised by the Commission during 21 2021-22 Table D4 Details of Orders passed in 2021-22 imposing monetary penalties 22 Table D5 Matters referred to the Chief Metropolitan Magistrate, New Delhi 24 Table D6 Imposition of Lesser Penalties under Section 46 25 Table E1 Final Orders of the Commission appealed against 26 Table E2 Disposal of appeals by NCLAT 26 Table E3 Section-wise disposal of appeals during 2021-22 27 Table E4 Receipt and disposal of appeals by NCLAT during 2021-22 27 Table F1 Receipt and disposal of Combination notices 28 Table F2 Receipt and disposal of Combination notices in 2021-22 29 Table G1 References received from Central Government 31 Table G2 References received from State Governments 31 Table H1 References received from statutory authorities 32 Table H2 References made to statutory authorities 33 Annual Report 2021-22 x

Competition Commission of India Table I1 Advocacy initiatives 34 Table I2 Workshops, seminars and other interactions with the public/ 35 experts/policy makers/regulatory bodies in 2021-22 Table I3 Capacity building of stakeholders 64 Table I3 (a) Capacity building of stakeholders under the Resource Person Scheme 68 by State Resource Person Table J1 Composition of the Commission as on March 31, 2022 80 Table J2 Organisation Structure of the Commission 81 Table J3 Incumbency Position in the Commission 82 Table J4 Incumbency Position in the Office of DG 83 Table J5 Details of Reservations in Direct Recruitment 83 Table K1 Receipts under Broad Categories 85 Table K2 Expenditure under Broad Categories 85 Table L1 Details of foreign visits 90 Table M1 Lectures under DVKS 92 Table M2 Lectures under SLS 93 Table M3 In-house capacity-building initiatives by CCI 94 Table M4 94 Level-wise participation of Officers in in-house capacity-building Table M5 initiatives by CCI 95 Discipline-wise participation of Officers in in-house capacity-building initiatives by CCI Table M6 Domestic capacity-building initiatives by outside institutions 95 Table M7 100 Level wise participation of Officers in domestic capacity-building Table M8 initiatives by outside institutions 103 Discipline-wise participation of Officers in domestic capacity- building initiatives by outside institutions Table M9 Training initiatives outside India 105 Table M10 Level-wise participation of Officers in Foreign Training Programs 105 Table M11 Stream-wise participation of Officers in Foreign Training Programs 105 Table O1 Receipt and disposal of RTI Applications/Appeals 108 Table P1 Receipt and disposal of complaints 109 Table Q1 Receipt and disposal of general complaints 110 xi Annual Report 2021-22



Competition Commission of India Chairperson’s Statement It is my privilege to present the Annual Report of the Competition Commission of India for the year 2021-22. The past two years have posed unprecedented challenges to us all on multiple fronts. As the economy recovered out of the set back caused by the pandemic, CCI continued to discharge its functions judiciously, duly accounting for disruptions wrought and constraints faced by the parties in the wake of pandemic, with an aim to contribute towards revival. CCI took several initiatives to ease compliance burden by constantly and dynamically reviewing its processes. For facilitating filings, CCI issued a practice direction, enabling parties to authenticate pleadings through any of their authorized representatives instead of filing through Director as per the extant practice. CCI issued a comprehensive proposal in public domain to elicit stakeholders feedback, for amending the confidentiality regime in light of the experience gained and difficulties faced. The objective of the exercise was to establish a robust information sharing regime that allows parties to effectively present their cases without compromising the sanctity of commercially sensitive information. This was followed by a virtual consultation with stakeholders. The event elicited active participation from the stakeholders, who provided valuable feedback on the proposal. During the period, CCI calibrated monetary penalties, taking into consideration the prevailing economic situation as well as the fact that some of the contravening parties were Micro, Small and Medium Enterprises (MSMEs). On the combination front, CCI continued its efforts to streamline and amend its procedures and regulations to promote a trust-based system and facilitate ease of doing business. CCI revised format of Form-II (i.e., long form for notifying proposed combination) in order to make it market friendly and reduce compliance burden on the parties. The revised form requires only such information that is relevant for purposes of objective assessment of a proposed combination and endeavours to strike a balance between facilitation and enforcement functions to create a culture of compliance. The rise of the digital economy and reliance of consumers and businesses on digital platforms accelerated considerably due to the pandemic, multiplying the need for competition agencies to take a closer look at digital markets. The year saw a steady rise xiii Annual Report 2021-22

Competition Commission of India in cases examined by CCI, emanating from new-age markets - both on antitrust side and merger control. During 2021–22, CCI registered 59 Information with respect to antitrust matters and received 90 notices with respect to Merger & Acquisitions. It passed Final Orders in 75 antitrust matters and found contravention in 18 such matters. It also disposed off 93 combination cases. As of March-end 2022, CCI registered 1182 antitrust cases and 916 merger filings, since inception. 673 antitrust cases were closed after consideration by the Commission. Out of these, the Commission ordered investigation in 381 cases, of which 209 cases were closed after investigation and in 172 cases contravention of the Act was found. Remaining 128 cases are pending at various stages of investigation and inquiry. 908 merger filings were decided/disposed off and remaining 08 merger filings are pending. Anti-Trust During the period, the Commission examined cases relating to anti-competitive agreements (including cartels & bid rigging) and abuse of dominant position from diverse sectors of the economy such as Alcoholic beverages, Tyre, Automobiles, Public procurement, Film & Entertainment and Transport. It was an active year for the anti-trust enforcement. The Commission imposed monetary penalties on entities in certain manufacturing sector, such as in cases relating to cartelisation by Beer Manufacturing Companies and Paper Manufacturers. In a suo motu case relating to Maritime Transport Sector, the Commission penalised four companies which were found to be engaged in cartelisation in the provision of Maritime Motor Vehicle transport services to automobile Original Equipment Manufacturers (OEMs) for various trade routes. In a case relating to Resale Price Maintenance, the Commission imposed penalty against a leading car manufacturer, Maruti Suzuki India Ltd. for restricting and controlling discounts offered by its dealers to the end consumers. During the year, the Commission examined several cases of bid-rigging such as bid rigging in tenders floated by State Bank of India for supply and installation of new signages/ replacement of existing signages, in tenders of FCI for procurement of Low Density Poly Ethylene (LDPE), bid rigging in tenders for procurement of Hitachi Carbon Brushes floated by Indian Railways and bid-rigging in tenders floated by GAIL for restoration of a well site. The Commission in many of these cases did not impose penalties but passed a cease-and- desist order only taking into account the fact that the contravening parties were MSMEs and under stress due to out-break of Pandemic. In a case relating to Film and entertainment sector, the Commission issued a cease-and- desist order and a firm warning against the anti-competitive practice relating to collective boycott of production, supply, exhibition, distribution and technical development of Tamil and Telugu films in the State of Tamil Nadu by the Association of Tamil Film Producers. A cease-and-desist order was also issued in a case relating to alleged abuse of dominant Annual Report 2021-22 xiv

Competition Commission of India position by Odisha State Civil Supplies Corporation Ltd. The Commission was of the view that withholding legitimate dues without justifiable reasons was onerous, denuded millers from reward of services rendered and deprived them of timely financial resources. The Commission passed a cease-and-desist order against National Egg Coordination Committee (NECC) in regard to enforcing egg prices on farmers by levying penalties/ threatening to levy penalties on them. Additionally, NECC was directed to file a compliance report, foster a culture of competition compliance and to sensitize its employees by putting in place a Competition Advocacy/Compliance Program. A cease-and-desist order was also passed against Dumper Truck Union as there was an understanding between members of the Dumper Truck Union to limit/control the provision of transportation services and to fix the transportation rate higher than the rate determined through open tendering process. Combination (Merger & Acquisitions) During 2021-22, the Commission approved 93 proposed combinations in sectors such as Financial Markets, Pharmaceuticals & Healthcare, Power, and Digital Markets. The average number of working days taken for the disposal of combination cases stood at 17. The Green Channel scheme introduced in August 2019 for granting automatic approval to certain combinations has been well received by the business community. Till date, the Commission has received 52 cases under the scheme. In 2021-22, a total of 24 notices were filed through the Green Channel route, i.e. one out of every four notices filed with the Commission. Advocacy Measures This year marks the beginning year of Azadi Ka Amrit Mahotsav (AKAM). The Commission under the aegis of AKAM conducted 341 Advocacy program with Industry, various Departments of Central and State Governments including PSUs, trade association etc. to spread awareness and ensure greater competition compliance. Under the ongoing State Resource Person Program two state resource persons were added from States of Uttar Pradesh and Karnataka. To ensure competition awareness and compliance, the Commission reached to Individuals by conducting national level essay and quiz competition. 223 students completed online internships. Besides a national webinar for students was also organized under the aegis of AKAM. During the year, the Commission sponsored ten moot courts on competition law with various educational institutions across India. The Commission also emphasized regional competition advocacy programs under AKAM and organized a program at Southern Regional Office, Chennai on “Competition Compliance in Public Procurement”. Businesses and trade institutions, including CII, ASSOCHAM and PHD Chamber of Commerce, partnered with CCI to organize competition advocacy programs. The Commission celebrated its 12th Annual Day on May 20, 2021 through virtual mode, due to pandemic. The Hon’ble Union Minister of Finance and Corporate Affairs Smt. Nirmala Sitharaman graced the occasion as Chief Guest. Advocacy Booklet translated into xv Annual Report 2021-22

Competition Commission of India Bengali, Marathi and Tamil languages were released by the Hon’ble Minister during the occasion. CCI also commenced Hindi edition of Fair Play to reach to common man. Legal Developments The previous year saw some important legal issues being settled by various judicial forums in the field of competition law jurisprudence. The Hon’ble Supreme Court, vide its judgement dated January 19, 2022 in CCI vs. State of Mizoram & Ors held that Competition Commission of India has jurisdiction over tendering process of lottery business and observed that lotteries may be a regulated commodity and may even be res extra commercium but that would not take away the aspect of something which is anti-competitive in the context of the business related to lotteries. Further, the Court took note of the expansive definition of ‘Service’ under Section 2(u) of the Competition Act, 2002 which means “service of any description”, which is to be made available to potential users and held that the Competition Commission of India has jurisdiction over competition law aspect in tendering process of lottery business. The Hon’ble Delhi High Court vide judgement dated April 22, 2021 (WP Nos. 4378 & 4407 of 2021; WhatsApp LLC vs. CCI & Anr. & Facebook Inc. vs. CCI) upheld the order of investigation passed by the Commission against the social media platforms (WhatsApp & Facebook) with respect to their sharing of data. While relying upon the landmark decision passed by the Apex Court in CCI vs Steel Authority of India Ltd. {(2010) 10 SCC 744) (SAIL judgment)}, Hon’ble Delhi High Court held that the order passed under Section 26(1) of the Competition Act, 2002 directing investigation is purely administrative in nature and does not entail any civil consequences. In another matter, the Division Bench of Hon’ble Karnataka High Court, vide order dated July 23, 2021 (WA No. 562 & 563 of 2021; Amazon Seller Services Pvt Ltd. vs. CCI & Flipkart Internet Pvt Ltd. vs. CCI) refused to quash the probe ordered against the e-commerce companies (Amazon & Flipkart) for alleged anti-competitive practices. Further, the Division Bench of Hon’ble Madras High Court delivered another notable judgement on January 6, 2022 (Writ Appeal No. 529 of 2018; MRF Ltd. vs. MCA, CCI & Ors.) wherein it was held that the preliminary order directing investigation shall not invalidate the proceedings that have been initiated by the Commission on the ground of procedural lapses either in making the Reference or entertaining the same. During the period, in several other cases, Orders of the Commission were upheld by the appellate body, i.e., the Hon’ble National Company Law Appellate Tribunal (NCLAT), helping establish the evolution of Competition Law jurisprudence. Market Studies The Competition Commission of India initiated market studies in the pharmaceutical sector; common ownership; and film distribution chain in India. The pharmaceutical study focused on the specific realms of pharmaceutical distribution (including the emergence of e-pharmacies) and the role of trade associations therein, Annual Report 2021-22 xvi

Competition Commission of India trade margins, and drug pricing, and the prevalence of branded generic drugs in India and its implications for competition. The study also attempted to explore the areas of interface between regulation and competition with a view to ascertain the Commission’s advocacy priorities. It is expected that the insights gained from the market study will inform and contribute significantly to the design of the pharmaceutical market in India and to help in attaining the objective of affordable medicines for all. A market study on common ownership in India was also initiated. The study aimed at understanding competition implications in a situation where large institutional shareholders hold minority stakes in a number of companies that are active within the same industry and compete with each other. The study also intends to examine the safeguard mechanisms in company policies to mitigating competition concerns, if any, that may arise as a result of common ownership. The Commission also initiated a market study on the film distribution chain in India. The study will attempt, inter alia, to understand the role of various federations and associations in the film industry in India; study the horizontal and vertical arrangements between producers/distributors/exhibitors. The study will look into the effect on competition when different activities pertaining to production, distribution and exhibition become part of the exclusive arrangement. Other Developments CCI organised the 7th edition of its Annual National Conference on Economics of Competition Law 2022 on March 04, 2022 through virtual mode. Mr Neelkanth Mishra, Member, Economic Advisory Council to the Prime Minister, was the Keynote Speaker at the conference. The conference comprised a plenary and two technical sessions, i.e., “Competition and Regulation: Empirical Inquiries” and “Competition Law and Policy: Issues and Approaches.” The Conference was organised under Azadi ka Amrit Mahotsav. Research Paper A research paper titled “Competition Enforcement and Regulatory Alternatives” was submitted for the Roundtable on Regulation and Competition Enforcement (WP2) in May 2021, as a written contribution for the OECD Competition Week (Virtual) held during June 7 to 11, 2021. Competition Commission of India Journal on Competition Law and Policy The first volume of CCI’s annual journal, Competition Commission of India Journal on Competition Law and Policy (ISSN: 2582-838X), was inaugurated by Smt. Nirmala Sitharaman, Hon’ble Minister of Finance and Corporate Affairs, on the occasion of the 12th Annual Day of CCI. The online version of the journal has been published on its dedicated portal www.ccijournal.in, under e-ISSN 2583-0767. The Journal has been conceived with the aim of fostering research in the field of competition law and policy. In the year 2021-22, CCI organized 17 training programmes and 12 lectures under Distinguished Visitors Knowledge Series program for capacity building of officials. xvii Annual Report 2021-22

Competition Commission of India CCI is presently running a Network of Indian Competition Experts (NICE) which contemplates wider capacity building of stakeholders. Currently, 52 experts from 35 premier academic and research institutions of India, are a part of the NICE. This Network is helping in outreach activities of CCI as well. Under NICE, a Cartel Working Group (CWG) is also constituted. During the year 2021-22, two webinars were conducted under CWG. During the year, CCI virtually hosted the 9th International Competition Network (ICN) Unilateral Conduct Working Group (UCWG) Workshop from March 22–23, 2022. The Workshop touched upon a wide array of issues concerning unilateral conduct in digital markets. The Commission also entered into Memorandum of Understanding(s) with Competition Authorities of Brazil, Japan and Mauritius. Conclusion It has been our constant endeavour to promote a sustainable competition culture in the country. Going forward we will track global developments on the emerging issues in antitrust enforcement and regulation of combinations, continue to engage with all stakeholders, take measures to ease compliance and keep processes fair, transparent & market-friendly and build a trust-based competition law regime. My sincere thanks to Smt. Nirmala Sitharaman, Hon’ble Minister of Finance and Corporate Affairs and Rao Inderjit Singh, Hon’ble Minister of State for Statistics & Programme Implementation, Planning and Corporate Affairs and Shri Rajesh Verma, Secretary, Ministry of Corporate Affairs and officers of the Ministry for their continuous support. Ashok Kumar Gupta Annual Report 2021-22 xviii

Competition Commission of India A. Introduction (i) Objectives The Competition Commission functions as a market regulator for preventing and regulating anti-competitive practices in the country and to carry on the advisory and advocacy functions in its role as a regulator. Objectives of the Commission enshrined in the Competition Act 2002 are (i) Preventing practices having adverse effect on competition, (ii) Promoting and sustaining competition in markets, (iii) Protecting the interest of consumers and (iv) Ensuring freedom of trade carried on by other participants in market in India. (ii) Important achievements During 2021–22, the Commission registered 59 Information under Section 19 of the Act. At the prima facie stage, the Commission: (i) passed Order u/s 26(1) in 21 matters, directing the Director General (DG) to undertake investigation; and (ii) closed 43 matters by passing Order u/s 26(2). The DG completed investigation in 22 matters. Furthermore, the Commission received 90 notices of proposed combination and disposed of 93 combination notices during the year, including notices pending at the beginning of the year. The Commission imposed an aggregate penalty of ₹1335.77 crore in 2021–22. Table A1 presents the performance of the Commission on select performance parameters. Table A1: Select Performance Parameters SI. Particulars 2019–20 2020–21 2021-22 No. 55 59 55 64* 1 No. of alleged anti-competitive conduct 60 noticed 24 22 70 75 2 No. of prima facie Orders passed in respect 54 of alleged anti-competitive conduct [Orders 1.34 1335.77 passed under Section 26(1) and 26(2)] 90 93 3 No. of investigations completed by the DG 37 4 No. of matters in which Orders passed 93 under Sections 26(2), 26(6), 27 and Other/ Misc. Orders passed with respect to anti- competitive conduct 5 Amount of penalty levied (₹ crore) 450.89 6 No. of proposed combinations approved/ 81 disposed of 1 Annual Report 2021-22

Competition Commission of India SI. Particulars 2019–20 2020–21 2021-22 No. 17 17 7 Average no. of days taken to dispose of a 18 combination notice 8 No. of advocacy programs 105 122 340 9 No. of employees (as on March 31 of the 98 99 106 19 17 19 respective FY) Commission DG Office 10 No. of trainings organised for capacity building 34 20 24 of officers (including overseas training) *Note:- Including 06 cases, referred to DG/Clubbed with similar matter/Directed by Court, without passing order u/s 26(1). (iii) The year in review (a) Landmark decisions of the Commission 1. Cartelisation by Tyre manufacturers and their Association The CCI initiated this matter on the basis of a reference received from the Ministry of Corporate Affairs (MCA) alleging that certain tyre companies, and their Association have violated the provisions of Section 3 of the Act. On the basis of material available on record, vide its order dated August 31, 2018, the CCI noted that the tyre manufacturers had exchanged price-sensitive data amongst them through the platform of ATMA and had taken collective decisions on the prices of tyres. The CCI also found that ATMA collected and compiled information relating to company-wise and segment-wise data on production, domestic sales and export of tyres on a real-time basis. The CCI imposed penalties of ₹425.53 crore on Apollo Tyres, ₹622.09 crore on MRF Ltd., ₹252.16 crore on CEAT Ltd., ₹309.95 crore on JK Tyre and ₹178.33 crore on Birla Tyres, calculated at the rate of 5% of average turnover for the last three preceding financial years, besides passing a cease-and-desist order. The said order of the CCI had been kept in sealed cover as per the directions of the Hon’ble Madras High Court, issued in Writ Appeal preferred by MRF Limited. Thereafter, the Division Bench of the Hon’ble Madras High Court vide an order dated January 06, 2022, dismissed the aforesaid Writ Appeal. Aggrieved with the same, the tyre companies preferred SLPs before the Hon’ble Supreme Court, which were dismissed vide its order dated January 28, 2022. Order was released on February 07, 2022. For the detailed Order of the Commission, please visit: https://www.cci.gov.in/antitrust/orders/details/765/0 Annual Report 2021-22 2

Competition Commission of India 2. Boycott by Tamil Film Producers Council and Telugu Film Chamber of Commerce The Information in the matter was filed against Tamil Film Producers Council (TFPC), and Telugu Film Chambers of Commerce (TFCC)) and their office bearers, alleging collective boycott of the production, supply, exhibition, distribution and technical development of Tamil and Telugu films in the State of Tamil Nadu and refusing to deal with several stakeholders in the film industry in Tamil Nadu. On thebasis ofmaterialavailable onrecordincludingDGinvestigationreport,theCCIobserved that the conduct of TFPC and TFCC was actuated for bargaining better commercial terms for their members and as such was within the contours of the prohibited zone of the competition law, being an action relatable to commercial matters, in contravention of the provisions of Section 3(1) read with Section 3(3)(b) of the Act. The CCI did not impose any monetary penalty upon associations considering the nature/ duration of, level of participation in the strike/ boycott call and that movies continued to be released during the period of strike but issued a firm warning that any such future conduct would be construed as recidivism with attendant aggravated consequences. The CCI directed the two associations to ensure that the platform of trade associations is not utilised for anti-competitive behaviour and to cease and desist from indulging in such conduct in future. For the detailed Order of the Commission, please visit: https://www.cci.gov.in/antitrust/orders/details/690/0 3. Resale Price Maintenance by Maruti Suzuki The CCI took cognizance of this matter suo motu based on an anonymous email against Maruti Suzuki India Limited (‘MSIL’) which inter alia, alleged that MSIL’s sales policy is against the interest of customers as well as the provisions of the Act. The CCI based on investigation and other material available on record found that MSIL not only imposed the Discount Control Policy on its dealers, but also monitored and enforced the same by monitoring dealers through Mystery Shopping Agencies, imposing penalties on them and threatening strict action like stoppage of supply, collecting and recovering penalty and utilisation of the same. Such conduct of MSIL was found by CCI to be in contravention of the provisions of the Act and accordingly, a penalty of ₹200 crores was imposed upon MSIL, besides passing a cease-and-desist order. For the detailed Order of the Commission, please visit: https://www.cci.gov.in/antitrust/orders/details/684/0 4. Cartelisation by Beer Companies This matter was initiated by CCI on the basis of a lesser penalty application received under the provisions of Section 46 of the Act from Crown Beers India Private Limited (‘Crown Beers’) and SABMiller India Limited (‘SABMiller’), both ultimately held by Anheuser Busch 3 Annual Report 2021-22

Competition Commission of India InBev SA/NV (‘Ab InBev’), for alleged cartelisation in relation to the production, marketing, distribution and sale of Beer in India. The CCI, after taking cognizance of the evidence collected during investigation, and on the basis of the disclosures made in the lesser penalty applications, concluded that the three beer companies United Breweries Limited(UBL), SABMiller and Carlsberg India Private Limited (CIPL) indulged in cartelisation in the sale and supply of beer in various States and UTs in India, including through the platform of All India Brewers’ Association (‘AIBA’) which was also found to be actively involved in facilitating such cartelisation. The period of cartel was held to be from 2009 to at least October 10, 2018. Further, several individuals of the four parties were also held by CCI to be liable in terms of the provisions of Section 48 of the Act for the anti-competitive conduct of respective companies/ association. Giving reduction in penalty under the provisions of Section 46 of the Act of 100% to AB InBev and its individuals, 40% to UBL and its individuals and 20% to CIPL and its individuals, the CCI directed UBL and CIPL to pay penalties to the tune of approx. INR 750 crores and INR 111 Crores respectively, besides passing a cease-and-desist order. For the detailed Order of the Commission, please visit: https://www.cci.gov.in/antitrust/orders/details/682/0 5. Bid rigging in tender floated by GAIL The information in the matter was filed by GAIL (India) Limited (GAIL) against PMP Infratech Pvt. Ltd. and Rati Engineering alleging (OPs), for bid rigging of tenders floated by GAIL for the restoration of well site located in Ahmedabad and Anand areas of Gujarat. The CCI, on the basis of the Information, Investigation Report and other material available on record, found that the two firms were in regular touch with each other regarding the tender floated by GAIL and even after the submission of their bids. The CCI took a lenient view by taking cognizance of the mitigation pleas advanced by the parties such as frequent lockdowns on account of the Pandemic (COVID-19), and imposed a monetary penalty of ₹25 lakh on PMP Infratech Pvt. Ltd. ₹2.5 lakh on Rati Engineering and ₹1 lakh and ₹50 thousand on their respective individuals who managed and controlled the firms, besides passing a cease-and-desist order. For the detailed Order of the Commission, please visit: https://www.cci.gov.in/antitrust/orders/details/681/0 6. Bid rigging and cartelization in tender floated by FCI Reference in this matter was filed by Food Corporation of India (FCI) against six firms alleging inter alia cartelisation in the bidding process for procurement of Low Density Poly Ethylene covers (LDPE) during the period 2005 to 2017 in contravention of the provisions of Section 3 of the Act. Annual Report 2021-22 4

Competition Commission of India On the basis of inquiry in the matter, CCI found these firms to have indulged in cartelization in the supply of Low Density Poly Ethylene covers (LDPE) to FCI by means of directly or indirectly determining prices, allocating tenders, coordinating bid prices and manipulating the bidding process. The evidence in the matter included e-mails, call detail records and the statements of the representatives of the firms. Considering the fact that the firms were MSMEs and were already under stress due to out-break of Pandemic (COVID-19), the CCI issued a cease and desist order against the firms found guilty of bid rigging and cartelization in the said tenders floated by FCI. For the detailed Order of the Commission, please visit: https://www.cci.gov.in/antitrust/orders/details/654/0 7. Bid rigging and cartelization in tender floated by railways The CCI initiated this case on the basis of a reference received from Southern Railway against Mersen (India) Pvt. Ltd. and Assam Carbon Products Ltd. (‘OPs’) alleging bid rigging in the tenders floated for procurement of Hitachi Carbon Brushes. On the basis of inquiry into the matter, the CCI concluded that there was a clear exchange of thoughts and ‘meeting of minds’ to the extent of entering into an understanding and agreement between the two regarding the prices to be quoted and discussion regarding an increase in price before filing of bids across different tenders floated by the various Divisions of Indian Railways. Therefore, OPs had indulged in cartelization at least from November 2014 till 2019 in contravention of the provisions of Section 3(3) read with Section 3(1) of the Act. Taking into account co-operation extended by the OPs during investigation and the fact that firms were MSMEs and due to the outbreak of the pandemic (COVID-19), the CCI did not impose any monetary penalty and directed the parties and their respective individuals to cease from such cartel behaviour and desist from indulging in similar behaviour in the future. For the detailed Order of the Commission, please visit: https://www.cci.gov.in/antitrust/orders/details/651/0 8. Bid rigging in tenders floated by UPPWD CCI initiated this case suo motu after taking cognizance of possible instances of bid rigging by contractors engaged in road construction in response to various tenders floated by the State of Uttar Pradesh, on the basis of a report of the Comptroller and Auditor General titled “Performance Audit of Construction Management in Road Works”. Post investigation, the CCI, observed that the material brought forth by the investigation is not sufficient to record any finding of contravention of the provisions of Section 3(1) read with Section 3(3) of the Act. The CCI also stated that mere commonality of ownership of participating firms, in itself, is not sufficient to record any conclusion about bid rigging in the absence of any material indicating collusion amongst such bidders. Accordingly, CCI ordered the matter to be closed forthwith. 5 Annual Report 2021-22

Competition Commission of India For the detailed Order of the Commission, please visit: https://www.cci.gov.in/antitrust/orders/details/18/0 9. Anti-competitive conduct in the paper manufacturing industry This case was initiated suo motu by the CCI noting that certain paper manufacturers used the platform of the association to discuss and agree upon increase in prices of non-wood based paper. On the basis of material available on record, the CCI held 10 paper manufacturers indulged in cartelisation in fixing prices of writing and printing paper by participating in the meetings convened under the aegis of the association and discussing prices and the roadmap for coordinated increase, besides monitoring the decisions taken in such meetings. The CCI imposed a penalty of ₹5 lakh each on the ten (10) paper manufacturers found guilty of cartelisation. However, considering the co-operation extended by one of the paper manufacturers as leniency applicant, the CCI granted 100% reduction in the penalty amount imposed. Further, a penalty of ₹2.5 lakh was imposed on the Association. Apart from above, the CCI also passed a cease-and-desist Order against these manufacturers and association. For the detailed Order of the Commission, please visit: https://www.cci.gov.in/antitrust/orders/details/642/0 10. Cartelisation by Maritime transport companies The case was initiated by the CCI suo motu, on the basis of an application filed by Nippon Yusen Kabushiki Kaisha (NYK Line). Subsequently, Mitsui O.S.K. Lines Ltd. (‘MOL’) and Nissan Motor Car Carrier Company (‘NMCC’) also filed lesser penalty applications before CCI regarding cartelisation in the provision of maritime motor vehicle transport services to automobile Original Equipment Manufacturers (OEMs) for various trade routes. The CCI, on the basis of material available on record, found that there was an agreement between NYK Line, Kawasaki Kisen Kaisha Ltd. (K-Line), MOL and NMCC with the objective of enforcement of “Respect Rule”, which implied avoiding competition with each other and protecting the business of incumbent carrier with the respective OEM. The CCI held all the four opposite parties, i.e., NYK Line, K-Line, MOL and NMCC, guilty of contravention of the provisions of Section 3 of the Act and imposed penalty @ 5% of the relevant turnover for each year of continuance of cartel. As three companies filed lesser penalty applications, the CCI gave benefit of reduction in penalty by 100% to NYK Line and its individuals, 50% to MOL and its individuals and 30% to NMCC and its individuals and accordingly, directed them to pay penalties to the tune of approx. ₹24.23 crores, ₹10.12 crores and ₹28.69 crores respectively, besides passing a cease-and-desist order. For the detailed Order of the Commission, please visit: https://www.cci.gov.in/antitrust/orders/details/636/0 Annual Report 2021-22 6

Competition Commission of India 11. Bid rigging in tender floated by State Bank of India The case was taken up by the CCI suo motu upon a complaint alleging bid rigging and cartelization in a tender floated by SBI Infra Management Solutions Pvt. Ltd. (SBIIMS) for the supply and installation of new signages/replacement of existing signages. The CCI based on Investigation Report and other material available on record, including the lesser penalty application filed by one of the party, noted that there were e-mail communications, containing worksheets showing auction sequence, exchanged between the parties in relation to the impugned tender. The CCI held seven parties and their certain individuals to be guilty of contravention of the provisions of Act. Considering that most of the parties were MSMEs and due to the ongoing Pandemic (COVID-19), the CCI took a lenient view while levying monetary penalties and decided to impose penalty upon the parties and their individuals @ 1% of their respective average turnover and average incomes respectively and also granted a reduction in penalty by 90% to the leniency applicant and its individuals. Accordingly, monetary penalties in the range of around ₹6 lakh to ₹52 lakh was payable by parties and around ₹2000 to ₹2.44 lakh was payable by their respective individuals. Apart from above, the CCI also passed a cease-and-desist order against parties. For the detailed Order of the Commission, please visit: https://www.cci.gov.in/antitrust/orders/details/633/0 12. Abuse of dominant position in the market of custom milling services of rice by Odisha State Civil Supplies Corporation Ltd. The CCI initiated this case on the basis of an Information filed by M/s Maa Metakani Rice Industries against the State of Odisha and Odisha State Civil Supplies Corporation Ltd (OSCSC) wherein it was alleged that the State of Odisha & OSCSC directly/indirectly imposed unfair and discriminatory conditions in purchase of custom milling services of rice. After a detailed inquiry, the CCI determined that OSCSC was dominant in the relevant market of procurement of custom milling services of rice in the State of Odisha. The conduct of OSCSC of non-payment of differential custody and maintenance charges pertaining to KMS 2017- 18 was found to be unfair as OSCSC introduced unfair terms. The Commission also held that the conduct of OSCSC of unfairly delaying settlement of dues of custom millers was abuse of its dominant position, violating provisions of Section 4(2)(a)(i) of the Act. The Commission passed a desist order under Section 27 of the Act on August 05, 2021 to subserve the ends of justice. For the detailed Order of the Commission, please visit: https://www.cci.gov.in/antitrust/orders/details/687/0 13. Determination of Price and limitation of services by Dumper Truck Union The CCI initiated this case on the basis of an Information filed by CJ Darcl Logistics Ltd (CJD Logistics) against Dumper and Dumper Truck Union Lime Stone (Dumper Truck Union) 7 Annual Report 2021-22

Competition Commission of India and its Members, wherein it was alleged that CJD Logistics was restricted by not letting it carry out transportation work through its own vehicles and was forced to use trucks of Dumper Truck Union Members at a higher rate for carrying out its contractual obligations of transportation of limestone. The CCI held that Dumper Truck Union and its constituent members have restrained CJD Logistics from executing the contract with JSW [Energy (Barmer) limited] and has interfered directly with its business activity and caused loss to it. The Commission opined that the arrangement amongst the members of Dumper Truck Union to limit/control the provision of transportation services and to fix the transportation rate at a rate higher than that determined through open tendering process, contravened Section 3(1) read with Sections 3(3)(a) and Section 3(3)(b) of the Act. The Commission, thereupon passed a desist order under Section 27 of the Act on February 07, 2022. For the detailed Order of the Commission, please visit: https://www.cci.gov.in/antitrust/orders/details/631/0 14. Determination and implementation of prices of eggs by National Egg Co- ordination Committee The CCI initiated this case on the basis of two separate information, filed by Mr. T.R. Chandran and People for Animals against National Egg Co-ordination Committee (NECC) and Agro Corpex India Limited (ACIL), where in it was alleged that NECC and ACIL indulged in determining, declaring and implementation of egg prices which were in contravention of Section 3(3)(a) of the Act. The two set of information were clubbed by the Commission based on substantial similarity of issues and allegations involved. After a detailed inquiry, the CCI determined that declaration and dissemination of daily egg prices by NECC was, per se not anti-competitive. However, the act of NECC in trying to enforce such egg prices mandatorily by levying penalties/threatening to levy penalties on farmers was not in consonance with the provision of Section 3(3)(a) of the Act. The Commission held the conduct of NECC in violation of the provisions of Section 3 (3)(a) read with Section 3(1) of the Act and directed NECC to cease and desist, inter alia, from issuing any directives/ threats that non adherence to the declared egg prices shall have any penal/other (non- monetary) consequences upon any of its members. For the detailed Order of the Commission, please visit: https://www.cci.gov.in/antitrust/orders/details/639/0 (b) Legislative work Under Section 64 of the Act, the Commission is empowered to make regulations consistent with the Act and the Rules made thereunder to carry out the purposes of the Act. During the year 2021–22, the CCI amended the following regulations: Annual Report 2021-22 8

Competition Commission of India Sl. No. Regulations Date of Issue 1. The Competition Commission of India (General) Amendment 06.09.2021 Regulations, 2021 2. CCI (Procedure in regard to the transaction of business relating 31.03.2022 to combinations) Amendment Regulations 2022 1. The Competition Commission of India (General) Amendment Regulations, 2021 Through the amendment, a proviso is inserted to the regulation 14, sub-regulation 3, after clause (a) “Provided that the Chairperson may also authorize other Officers of the Commission for the purpose.” 2. CCI (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2022 With this amendment, under Schedule II earlier Form II was substituted with revised Form II. The amendment to the Form – II is a part of series of measures undertaken by the CCI towards ease of doing business, reducing the compliance burden on the parties and making the assessment of the combination more objective and focused. (c) Outreach program Under Section 49 (3) of the Competition Act, 2002 the Commission undertakes advocacy measures, with diverse stakeholders including Judiciary, Industry, Academia, Central & State Governments, Central and State Public Sector Undertakings (PSUs), Professional Bodies, Trade Associations, Corporates, Training Academies etc., to establish a competition culture in the Country. The Commission undertook various general as well as tailored advocacy measures in virtual mode in Financial Year 2020-2021 to avoid the spread of Covid-19. The online/virtual advocacy was appreciated by stakeholders and the same was continued in the Financial Year 2021-2022 with tapered and planned physical advocacy programs. Advocacy tools such as lectures, seminars, webinars, conferences, workshops, moot-courts, Resource Person Programs under Resource Persons’ Scheme (RPS) etc. were leveraged to bring out holistic awareness about competition law. 340 advocacy programs were conducted during the Financial Year 2021-22. During this period the Commission imparted a month’s online internship to 246 students from Law, Economics, Finance, Management and Professional Courses background hailing from across the Country. Notably, over 170 advocacy programs were conducted under the State Resource Person Scheme which provided training to officers working in State/Central PSUs, Govt. Departments and members of Trade Bodies etc. In addition, the following advocacy initiatives were also undertaken to enhance outreach among the stakeholders and to supplement advocacy efforts of the Commission: - 9 Annual Report 2021-22

Competition Commission of India • Four editions of Commissions’ quarterly newsletter ‘Fair Play’ were published and distributed among various stakeholders and uploaded on website of the Commission in Financial Year 2021-22. Hindi Edition of Quarterly Newsletter also commenced in Financial Year 2021-22. • The Hon’ble Union Minister of Finance and Corporate Affairs, Smt. Nirmala Sitharaman, was the Chief Guest on 12th Annual Day of CCI which was celebrated on May 20, 2021 in virtual mode and released the inaugural issue of ‘CCI Journal on Competition Law and Policy’ and unveiled translated Advocacy Booklets in Bengali, Marathi and Tamil languages. • CCI organised a National Conference on Economics of Competition Law in virtual mode on March 04, 2022. • CCI organised a workshop on Startup Ecosystem and Competition in virtual mode on February 04, 2022. • CCI organised a workshop on Competition issues in Pharmaceutical Sector in India in virtual mode on August 27, 2021. • Over 10, 000 followers have subscribed to the Commission’s LinkedIn Page. More than 700 subscribers have subscribed to Commission’s Official YouTube Channel. A total of 16.1 thousand followers are following Commission’s Twitter Page. More than 1000 followers are following official Facebook page of CCI. • Online Quiz and National Essay Competition under Azadi ka Amrit Mahotsav were organized by CCI. • CCI organised Regional Workshop on Competition Issues in Merger & Acquisitions in collaboration with SVKM’s Pravin Gandhi College of Law under Azadi Ka Amrit Mahotsav. • Under Azadi Ka Amrit Mahotsav, a Regional Workshop on Competition Law for State Resource Persons of Southern State with Jan Bhagidari was conducted by CCI through the hybrid mode on October 26, 2021 through its Southern Regional Office (SRO), Chennai. • The Commission under SRP Scheme has conducted more than 170 programs in the States of Telangana, Assam, Himachal Pradesh, Uttar Pradesh, Uttarakhand, Kerala, Haryana, Odisha and the UT of Puducherry in Financial Year 2021-22. • CCI organised a stakeholder Consultation on Review of Confidentiality Regime on September 02, 2021. • ASSOCHAM-CCI organised 6th International Conference on competition law on the theme of ‘Risk, Challenges and the Way Forward’, from September 23-24, 2021 in virtual mode. • CII organised Annual Conference on competition law and practice from December 10- 11, 2021 in virtual mode in association with CCI. Annual Report 2021-22 10

Competition Commission of India (iv) Capacity building To impart dynamism to an organisation it is imperative that capabilities of its employees are enhanced and talents honed. A well-trained and qualified workforce is critical for any organisation to be successful. In this perspective, the CCI, being a market regulator with overarching powers cutting across various sectors of economy, the capacity building of employees is indispensable. To spearhead this function, the CCI identifies and develops innovative approaches and strategies for capacity enhancement of its employees. In the pursuit, the following initiatives are undertaken: (a) Identification of training needs of Officers and the employees. (b) Organising domestic training programs such as induction training, in-house trainings, trainings in collaboration with premier academic institutions etc. (c) Capacity enhancement activities such as conducting sessions under Peer-to-Peer Knowledge Sharing Series, organizing lectures under Distinguished Visitors Knowledge Sharing Series (DVKS) and Special Lecture Series (SLS) etc., and (d) Other activities aimed towards building organisational capacity, developing leadership and providing exposure to the employees to prepare them for higher responsibilities. (v) International engagement The importance of International Cooperation is well recognised by Competition Commission of India (CCI) in developing strong linkages and networks with relevant multilateral agencies and competition jurisdictions for capacity building, enforcement cooperation, networking and exposure to the global best practices. CCI is invited for meetings and conferences organised by multilateral organisation such as Organization for Economic Co-operation and Development (OECD), International Competition Network (ICN), United Nations Conference on Trade and Development (UNCTAD), BRICS etc. Section 18 of the Competition Act provides that the Commission may for discharging its duties or performing its functions under this Act, enter into any memorandum or arrangement with the prior approval of the Central Government, with any agency of any foreign country. Commission has entered into nine Memorandum of Understandings so far. (vi) Most active sectors Sector-wise distribution of antitrust as well as combination cases points out the potential areas for focused attention of the Commission in terms of enforcement and advocacy initiatives. Sector-wise distribution of antitrust cases inquired by the Commission is presented in Table A2. 11 Annual Report 2021-22

Competition Commission of India Table A2: Sector-wise distribution of antitrust information received Sl. No. Sector 2019–20 2020–21 2021-22 1 Real Estate 01 10 04 2 Financial Sector 08 02 03 3 I & B (Film/Entertainment/TV/Print 02 01 02 Media) 4 Health/Pharmaceuticals 05 02 04 5 Automobiles 6 Information Technology 02 04 04 7 Petroleum/Gas 8 Railways 02 04 09 9 Civil Aviation 10 Power - - 03 11 Chemicals & Fertilizers 12 Iron & Steel 04 03 - 13 Coal 14 Miscellaneous 02 - - Total 01 - 01 02 - - - 02 02 - 02 01 31 25 26 60 55 59 Sector-wise distribution of combination notices received by the Commission is presented in Table A3. Table A3: Sector-wise distribution of combination notices filed (Excluding invalidated/withdrawn) Sl. No. Sector 2019–20 2020–21 2021–22 1 Finance and Markets 19 13 13 2 Pharmaceuticals & Health Care 02 14 07 3 Information Technology and Services 05 03 08 4 PVC & Chemicals - 03 01 5 Auto & Auto Components 06 04 03 6 Mining & Metals 05 02 04 7 Power & Power Generation 09 09 09 8 Media & Entertainment - 01 - 9 Food & Refined Oil 02 01 03 10 Miscellaneous 30 32 39 78* 82* 87 Total Note: *In totality, till date, 60 notices have been invalidated/withdrawn Annual Report 2021-22 12

Competition Commission of India (vii) Impact on consumers and economy Competitive markets are the foundation of a vibrant economy. Effective implementation of competition law ensures that markets remain competitive by protecting the process of competition. The preservation of the competitive process empowers customers to exercise choice, allows entry of new businesses and encourages enterprises to enhance efficiency and develop new ways to compete in a market. Thus, the competition law seeks to ensure that businesses have the ability to compete on merits, such that they provide goods and services of higher quality at lower prices. But when competition is inhibited – such as by abusive conduct of a dominant enterprise or by enterprises collectively reaching anti-competitive agreements or through competition-limiting mergers and acquisitions, prices are likely to increase, quality is likely to suffer, choice and innovation are also likely to reduce. By administering the competition law, the competition authority strives to identify, deter and remedy anti-competitive conduct and promote a robust competition culture in the economy. With this objective, the Competition Commission of India, in the year gone by, has reviewed antitrust cases across diverse sectors of the economy. Penalties have been imposed and suitable remedial measures have been directed in cases where contravention of the provisions of the Act was established. In addition to the information filed before it by stakeholders, the Commission has also taken suo motu cognizance where it found competition and consumer interest have been undermined through anti-competitive practices. During the year, the Commission has decided various matters relating to cartelization and anti-competitive conduct that impact consumers and the economy in diverse sectors viz. dairy, railways, beverages, motor vehicles, entertainment, etc. India has emerged as one of the biggest and fastest-growing digital consumer bases. Consumers today depend on a handful of intermediary platforms to connect with goods and service providers. Even small actions by these platforms may exclude and marginalise rivals and distort competition between their business users, which can have larger economy - wide ramifications. At the moment, the Commission is looking into several antitrust cases in sectors such as online retail, online hotel booking, search engines, online advertising, operating systems, payment systems etc. The Commission has also reviewed mergers in sectors such as finance, power, pharma, information technology etc. that have wider impact on the economy. With its orders cutting across various sectors of economy, the Commission has strived to protect healthy competition among enterprises across the economy. The Commission has also stepped up its advocacy efforts to reach out to all stakeholders. Enforcement, supplemented by proactive advocacy, has helped foster an environment of competition compliance with businesses increasingly adopting compliance programs and sensitizing their employees. As in the previous years, in the past year too, the Commission has conducted seminars, workshops, national and international conferences and interactive sessions with all stakeholders including industry, industry associations, central and state governments etc. The objective has been to engender wider understanding and appreciation of the Act and prevent violation of the law, thereby helping to mitigate a range of competition 13 Annual Report 2021-22

Competition Commission of India concerns in Indian markets without burdening the industry with litigation costs. The Commission has also increased its emphasis on market studies, as an instrument for pro- active engagement with stakeholders and for assessing competition beyond individual behaviour of firms. In recent years, private equity investments have surpassed, strategic investments in India due to the pandemic. In order to understand the trends and patterns of common ownership by Private Equity PE investors, across sectors in India, the Commission has undertaken a Market Study. Startups play a vital role in competitive markets with their focus on innovation. They provide dynamism to markets and offer newer ways to enhance consumer welfare. In this backdrop, a workshop bringing together different stakeholders was organised to create a better understanding of the startup ecosystem and competition. A market study in the pharmaceutical sector was also conducted in the past year, which examined several factors impacting price competition in the sector. It was observed that a prerequisite for price competition in generics was to dispel concerns about drug quality. Accordingly, a multi-pronged and harmonised regulatory response to the issue of drug quality was recommended. The aforementioned efforts, collectively, have helped protect and promote competitive markets, which safeguard consumer interest and provide the necessary growth stimulus to the Indian economy. Annual Report 2021-22 14

Competition Commission of India B. Investigations and inquiries Ordered by the Commission (i) Investigation and Inquiry relating to Sections 3, 4 and 42 of the Act The Commission inquires into any alleged contravention of the provisions of Sections 3 and 4 of the Act either on its own motion or (a) on receipt of any information from any person, consumer or their association or trade association under Section 19(1)(a) of the Act, or (b) on receipt of a reference made to it by the Central Government or a State Government or a statutory authority under Section 19(1)(b) of the Act. Pursuant to the examination of such alleged contravention, the Commission forms an opinion if there exists a prima facie case in the matter. If it finds that there exists a prima facie case, it directs the DG to cause an investigation into the matter by passing an Order under Section 26(1) of the Act. On the other hand, if the Commission finds that there exists no prima facie case, it closes the matter by passing an Order under Section 26(2) of the Act. Details of receipt of matters relating to alleged contraventions of Sections 3 and 4 of the Act and their disposal under Section 26(1) and 26(2) of the Act after forming of a prima facie view are presented in Table B1. Table B1: Year-wise receipt and disposal of alleged contraventions of Sections 3 and 4 of the Act Year Opening No. of cases noticed u/s Disposed of by Balance Balance Order u/s at the end of 19(1)(a) 19(1)(b) Suo Total 26(1) 26(2)/ year Motu Others 2019–20 20 51 05 04 60 20 34 25 2020–21 25 46 02 07 55 17 38 25 2021-22 25 55 01 03 59 21* 43 20 * Including 06 cases referred to DG/Clubbed with similar matter/Directed by Court, without passing order u/s 26(1). Details of receipt and disposal of matters during 2021–22 are presented in Table B2. 15 Annual Report 2021-22

Competition Commission of India Table B2: Alleged contraventions of Sections 3 and 4 of the Act noticed in 2021–22 SI. Particulars No. of cases received No. u/s Suo Section 19(1)(b) from Total 1 Pending at the 19(1) Motu Central State Statutory 25 beginning of the year (a) Govt. Govt. Authorities 2 Received during the 24 year - 01 - - 55 3 Total 03 01 - - 59 79 4 Where prima facie 18 03 02 - - 84 violations noticed 02 01 - - 21 41 5 Where no prima facie 01 01 - - 43 violations noticed 20 -- - - 20 6 Pending at the close of the year The DG conducts investigations into the alleged contraventions of the Act and Rules/ Regulations made thereunder as and when directed by the Commission to do so. Based on the findings of the investigations and pursuant to proceedings conducted in compliance with the principles of natural justice, the Commission passes final Orders under different sections of the Act. Disposal of cases of alleged contraventions of Sections 3 and 4 of the Act till March 31, 2022 is presented in Table B3. Table B3: Disposal of alleged contraventions of Sections 3 and 4 till March 31, 2022 SI. Particulars Number No. 1 Matters taken note of through Information/Reference/Suo Motu/MRTPC 1182 2 Cases closed at prima facie stage under Section 26(2) 666 3 Cases closed at prima facie stage under Misc./Other Orders 07 4 Investigations ordered under Section 26(1) 480* 5 Investigations completed 422** 6 Cases closed after investigations 381 7 Cases closed through Orders passed under Section 27 172 8 Cases closed through Orders passed under Section 26(6) 172 9 Cases closed through Misc./Other Orders 37 *Note 1:- Including 06 cases referred to DG/Clubbed with similar matter/Directed by Court, without passing order u/s 26(1). **Note 2:- Including 04 cases that have been quashed/set aside by High Court/Supreme Court. Annual Report 2021-22 16

Competition Commission of India (ii) Investigations and Inquiries undertaken by the Director General Year-wise details of investigations Ordered by the Commission and their disposal by the DG are presented in Table B4. Table B4: Investigations Ordered and completed (excluding supplementary & remanded back cases) Year Opening No. of Investigations No. of Investigations Closing Balance Ordered Completed Balance 2019–20 20 37 2020–21 83 66 2021-22 17 24 66 59 21 22 59 58 In some cases, after receipt of the DG report, if the Commission is of the opinion that further investigation is called for, it may direct the DG to do so and submit a supplementary report on specific issues. Details of investigations by the DG in 2021–22 are given in Table B5. Table B5: Investigations by the Director General in 2021-22 Sl. Particulars Original No. of investigations Total No. 59 Supplementary Remanded 75 1 Matters pending at the 21 13 03 beginning of the year 22 02 - 23 2 Matters received during the year 58 12 - 34 3 Matters disposed of during 03 03 64 the year 4 Matters pending at the end of the year 17 Annual Report 2021-22

Competition Commission of India C. Orders passed by the Commission While taking note of an alleged contravention of Section 3 or 4 of the Act, the Commission takes a view whether there exists a prima facie case for investigation. In case it exists, the Commission passes an Order under Section 26(1) for investigation. If it does not, the Commission closes the matter by an Order under Section 26(2) of the Act. If no case is made out on completion of the investigation, the Commission may close the matter by an Order under Section 26(6). However, if investigation reveals contravention of provisions of the Act and the Commission agrees with the same, the Commission passes an Order under Section 27 of the Act. Occasionally, a matter may warrant interim directions. In such cases, the Commission issues interim Orders under Section 33 of the Act. In case not all Members of the Commission hold the same view in the matter, an Order may be passed with a dissent note by the dissenting Member(s). The year-wise details of Orders passed by the Commission are presented in Table C1. Table C1: Orders passed by the Commission in Sections 3/4 Cases Year At prima facie Cases disposed of: Orders Total stage u/s After investigation u/s passed u/s 2019–20 2020–21 26(1)/26(2) & 26(6)/other 27 33 2021-22 other Orders Orders 49 10 01 114 54 09 03 90 23 18** 04 100 55 14* 64 *Note 1:- Excluding 01 remand back case. **Note 2:- Including 01 case, pursuant to the Hon’ble Supreme Court Order, Final order dated 31.08.2018 passed under Section 27 of the Act has been unsealed and forwarded to the parties on 07.02.2022 for compliance. During 2021–22, out of 64 matters disposed of, the Commission did not find any violation of the Act at prima facie stage in 43 matters and therefore, closed the said matters under Section 26(2) of the Act. In the remaining 21 matters, investigations were Ordered under Section 26(1) of the Act. Table C2 presents these details. Annual Report 2021-22 18

Competition Commission of India Table C2: Orders passed by the Commission in Sections 3/4 Cases in 2021–22 Description Section of the Act No. of Cases Where no prima facie case was found 26(2) Orders & other 43 Where prima facie case was found Orders 21* Where no case was found after investigations 14** 26(1) Orders Where contravention was finally proved 18*** Where interim relief was granted 26(6) Orders & other 04 Orders 27 33 *Note 1:- Including 06 cases, referred to DG/Clubbed with similar matter/Directed by Court, without passing order u/s 26(1). **Note 2:- Excluding 01 remand back case. ***Note 3:- Including 01 case, pursuant to the Hon’ble Supreme Court Order, Final order dated 31.08.2018 passed under Section 27 of the Act has been unsealed and forwarded to the parties on 07.02.2022 for compliance. 19 Annual Report 2021-22

Competition Commission of India D. Execution of Orders of the Commission and Penalties (i) Monetary penalties Section 27 of the Act empowers the Commission to levy a monetary penalty, in addition to other appropriate directions such as cease and desist, in cases of contraventions of Sections 3 or 4 of the Act. Sections 42, 43 and 43A of the Act empower the Commission to levy a monetary penalty/ fine in case a party fails to comply with its directions or Orders or fails to provide the required information/notice in relation to combination. Sections 44 and 45 of the Act empower the Commission to levy penalties in case a party makes a false statement or furnishes false documents. In respect of contravention by companies, Section 48 of the Act empowers the Commission to proceed against individuals who are in charge of and responsible to the company and commits contravention on behalf of the company. Monetary penalty(ies) are imposed on such persons. The monetary penalties imposed and realised are presented in Table D1. Table D1: Monetary penalties imposed and realised by the Commission (₹ crore) Year No. of Penalty Penalty Penalty Net Penalty realised as on cases imposed realised refunded/ March 31, 2022 Being Realised Referred Realised refunded without to IT by IT resorting Deptt. Deptt. - - to - Section 39(2) 2019–20 16 450.89 18.06 18.06 - - 2020–21 05 1.34 0.08 2021-22 19 112.29 0.08 - - 1335.77 112.29 - - Distribution of penalties levied under various Sections of the Act over the years is presented in Table D2. Annual Report 2021-22 20

Competition Commission of India Table D2: Break up of monetary penalties for various contraventions Year Section 27 42 43 43A 44 45 48 Total No. of 07 - 02 01 01 - 05 16 cases 2019–20 Penalty (₹ crore) 449.20 - 0.15 0.50 - - 1.04 450.89 No. of 03 - - - - - 02 05 cases 2020–21 Penalty (₹ crore) 1.32 - - - - - 0.02 1.34 No. of 06 01 - 06 01 01 04 19 Cases 2021-22 Penalty (₹ crore) 1128.33 3.49 - 200.40 1.00 1.00 1.55 1335.77 Note: In 2019–20, in a case, a penalty of ₹ 0.50 crore was imposed u/s 43A & 44. Cases have been reflected 01 each in column 43A and 44, however, the amount has been shown at one place, i.e. in the column 43A. The details of penalties imposed and realised by the Commission during the year 2021–22 are given in Table D3. Table D3: Monetary penalties imposed and realised by the Commission during 2021–22 Sl. Penalty imposed No. of Penalty imposed Penalty realised as on No. under Section cases (₹ crore) March 31, 2022 (₹ crore) 1 27 06 1128.33 111.86 2 42 01 3.49 - 3 43 - - - 4 43A 06 0.2 5 44 01 200.40 - 6 45 01 1.00 - 7 48 04 1.00 0.23 19 1.55 Total 112.29 1335.77 Summary details and status of monetary penalties imposed as per Orders of the Commission in 2021–22 are presented in Table D4. 21 Annual Report 2021-22

Competition Commission of India Table D4: Details of Orders passed in 2021–22 imposing monetary penalties Sl. Date of Case No. Parties to the case Amount of Recovery status No. Order Penalty as on (₹ lakh) March 31, 2022 Under Section 27 of the Act 1 23.08.2021 SM In Re: Alleged anti- 20000.00 The party has obtained stay from NCLAT. 01/2019 competitive conduct by Maruti Suzuki India Limited in implementing discount control policy vis-à-vis dealers 2 24.09.2021 SM In Re: Alleged anti- 86328.14 Out of three OPs, & rectified 06/2017 competitive conduct in penalty realised from one party. Two OPs order dt the Beer Market in India have obtained stay from NCLAT. 04.10.2021 3 11.10.2021 41/2019 GAIL (India) Limited vs. 27.50 Out of two OPs, one PMP Infratech Private party has obtained stay Ltd. and anr from NCLAT and with respect to other party steps are being taken for recovery of penalty as per the provisions of the Competition Act. 4 17.11.2021 SM In Re: Anti-competitive 47.50 Penalty deposited by all OPs. 05/2016 conduct in the paper 6305.63 Time of 60 days manufacturing industry granted to deposit the penalty not yet over. 5 20.01.2022 SM In Re: Cartelisation by 10/2014 Shipping Lines in the matter of provision of Maritime Motor Vehicle Transport Services to the Original Equipment Manufacturers 6 03.02.2022 SM In Re: Alleged anti- 124.48 Time of 60 days granted to deposit the 02/2020 competitive conduct penalty not yet over. by various bidders in supply and installation of signages at specified locations of State Bank of India across India Total 112833.25 Under Section 48 of the Act Annual Report 2021-22 22

Competition Commission of India Sl. Date of Case No. Parties to the case Amount of Recovery status No. Order Penalty as on SM In Re: Alleged anti- (₹ lakh) 1 24.09.2021 06/2017 competitive conduct in March 31, 2022 the Beer Market in India 78.37 Out of 11 OPs, penalty realised from 04. 07 OPs have obtained stay from NCLAT. 2 11.10.2021 41/2019 GAIL (India) Limited vs. 1.50 Steps being taken for PMP Infratech Private recovery of penalty as Ltd. and anr per the provisions of the Competition Act. 3 20.01.2022 SM In Re: Cartelisation by 69.24 Time of 60 days 10/2014 Shipping Lines in the granted to deposit the penalty not yet over. matter of provision of 5.41 Time of 60 days Maritime Motor Vehicle granted to deposit the penalty not yet over. Transport Services to the Original Equipment Manufacturers 4 03.02.2022 SM In Re: Alleged anti- 02/2020 competitive conduct by various bidders in supply and installation of signages at specified locations of State Bank of India across India Total 154.52 Under Section 43A of the Act 1 17.12.2021 C-2019/ Amazon.com NV 20000.00 Steps towards recovery 09/688 Investment Holdings LLC kept in abeyance pending court hearing. 2 17.12.2021 Investcorp India Assets 20.00 Penalty deposited. Managers Pvt. Ltd. 3 09.03.2022 C-2021/ Proceedings against 5.00 Time of 60 days 05/837 Adani Green Energy granted to deposit the Limited penalty not yet over. 4 17.03.2022 C-2021/ Proceedings against Tata 5.00 Time of 60 days 03/824 Power Company granted to deposit the penalty not yet over. 5 17.03.2022 C-2021/ Proceedings against Tata 5.00 Time of 60 days 03/825 Power Company granted to deposit the penalty not yet over. 6 17.03.2022 C-2021/ Proceedings against Tata 5.00 Time of 60 days 03/826 Power Company granted to deposit the penalty not yet over. Total 20040.00 23 Annual Report 2021-22

Competition Commission of India Sl. Date of Case No. Parties to the case Amount of Recovery status No. Order Penalty as on (₹ lakh) March 31, 2022 Under Section 42 of the Act 349.00 High Court vide order dated 01.09.2021 1 03.06.2021 62/2016 XYZ vs. Association of directed not to take Man Made Fibre Industry any precipitative steps of India against the petitioner. Total 349.00 Under Section 44 of the Act 1 17.12.2021 C-2019/ Amazon.com NV 100.00 Steps towards recovery 09/688 Investment Holdings LLC kept in abeyance pending court hearing. Total 100.00 Under Section 45 of the Act 1 17.12.2021 C-2019/ Amazon.com NV 100.00 Steps towards recovery 09/688 Investment Holdings LLC kept in abeyance pending court hearing. Total 100.00 (ii) Matters Referred to the Chief Metropolitan Magistrate, New Delhi Section 42(3) of the Act empowers the Commission to file a complaint with the Chief Metropolitan Magistrate, New Delhi, if any person fails to comply with the Orders or directions issued or fails to pay the fine imposed. In such cases, (s)he is punishable with imprisonment for a term, which may extend to three years, or with a fine, which may extend to rupees twenty-five crore or both, as the Chief Metropolitan Magistrate may deem fit. Statement of complaints filed with the Chief Metropolitan Magistrate, New Delhi and its disposal status is shown in Table D5. Table D5: Matters referred to the Chief Metropolitan Magistrate, New Delhi Sl. No. Complaints Number 27 1 Complaints pending at the beginning of the year - 27 2 Complaints made during the year 03 - 3 Total complaints 03 24 4 Complaints disposed of out of 1 above 5 Complaints disposed of out of 2 above 6 Complaints disposed of during the year 7 Complaints pending at the end of the year Annual Report 2021-22 24

Competition Commission of India Table D6: Imposition of Lesser Penalties under Section 46 Sl. Cases in which LP Number of enterprises/ Number of enterprises/ No. imposed persons granted 100% persons granted less than 100% reduction in penalty reduction in penalty 1. SM 05/2016 01-Enterprise --NIL-- 2. SM 10/2014 01-Enterprise 02-Enterprises 14-Persons 09-Persons 3. SM 02/2020 01-Enterprise 02-Persons - 4. Ref. 02/216 02- Enterprises 02-Persons - 5. Ref. 07/2018 04-Enterprises 08-Persons - 6. SM 06/2017 01-Enterprise 02-Enterprises 04-Persons 08-Persons 25 Annual Report 2021-22

Competition Commission of India E. Appeals Any person aggrieved by any direction issued or decision made or Order passed by the Commission under Sub-sections (2) and (6) of Section 26, Section 27, Section 28, Section 31, Section 32, Section 33, Section 38, Section 39, Section 43, Section 43A, Section 44, Section 45 or Section 46 of the Act may prefer an appeal to the NCLAT under Section 53B of the Act. The scrutiny of Orders by the NCLAT is a key accountability mechanism which ensures that the Commission is fair and equitable to the parties before it. A person aggrieved by an Order of the NCLAT may prefer an appeal to the Hon’ble Supreme Court under Section 53T of the Act. (i) Appeals received and disposed of by NCLAT/COMPAT The incidence of Orders of the Commission being appealed against is presented in Table E1. Table E1: Final Orders of the Commission appealed against Year No. of Orders appealed against 2019–20 16 2020–21 13 2021-22 23 The disposal of appeals by the NCLAT over the year is presented in Table E2. It is observed that during 2021-22, the NCLAT has disposed of 07 appeals against 04 Orders of the Commission till March 31, 2022. Table E2: Disposal of appeals by NCLAT Year No. of Orders Passed by NCLAT Disallowed (Upholding Allowed (setting aside Out of appeals allowed Commission’s Orders) Commission’s Orders) remanded to the Commission 2019–20 17 02 01 2020–21 07 - - 2021-22 04 - - Note: The data in Table E2 and E1 are not comparable. It is possible that there has been more than one Order passed by the NCLAT in the disposal of appeals against an Order of the Commission. Annual Report 2021-22 26

Competition Commission of India Table E3 presents section-wise details of disposal of appeals during 2021–22. Table E3: Section-wise disposal of appeals during 2021–22 Orders passed u/s No. of Orders Section 27 - Section 26(2) 02 Section 26(6) 01 Section 31(1) - Section 33 - Section 43 - Section 43A - Other Orders 01 Total 04 Details of disposal of appeals by the NCLAT during 2021–22 are presented in Table E4. The NCLAT disallowed 07 appeals in 04 CCI orders. Table E4: Receipt and disposal of appeals by NCLAT during 2021–22 Sl. No. Description Appeals 1. Opening balance as on April 1, 2021 253 2. Added during 2021–22 39* 3. Sub- total (pending for disposal) 292 4. Disposal status: (i) Appeals disallowed 07 (ii) Appeals allowed - 5. Sub-total (disposed) 07 6. Pending appeals as on March 31, 2022 285 *including 1 compensation application (ii) Brief write-up on the appeals allowed by the National Company Law Appellate Tribunal (NCLAT) No appeal was allowed by the NCLAT. 27 Annual Report 2021-22

Competition Commission of India F. Matters received regarding Combination The provisions relating to combinations came into force on June 1, 2011. The Act defines combination to mean acquisition of one or more enterprises by one or more persons or merger or amalgamation of enterprises, whose value of asset or turnover meet the threshold specified under the Act. The Act prohibits any combination which causes or likely to cause an appreciable adverse effect on competition (AAEC) within the relevant market in India. In case, appreciable adverse effect can be addressed through suitable modifications, the Commission may accept and/or propose suitable modifications to the parties. Parties proposing to enter into a combination shall give notice of such combination in the prescribed form along with the requisite fee to the Commission under Section 6(2) of the Act to enable the Commission to assess the proposal from perspective of competition analysis. Under section 20(1) of the Act, the Commission may, upon its own knowledge or on receiving information relating to a combination inquire into whether such combination has caused or is likely to cause an appreciable adverse effect on competition in India (Suo motu cases). Table No. F1 presents the details of notices received and disposed of till March, 2022. The Commission has taken steps to prioritise ease of doing business by maintaining a fine balance between facilitation and enforcement. In this regard, Form – I has already been streamlined and its guidance notes issued. This year the Commission has revised the Form – II and notified in Extraordinary Gazette of India Part – III Section 4 on March 31, 2022. The Green Channel scheme introduced in August 2019, which provided for granting automatic approval to certain combinations, has seen an increasing trend from ~19% in FY 2020-21 to ~27% in FY 2021-22. Since its introduction, Fifty One (51) combination notices have been filed under Green Channel, and 24 combination notices in FY 2021-22 under Green Channel. Table F1: Receipt and disposal of Combination notices Opening Balance 2019–20 2020–21 2021-22 12 13 11 Notices Received 80 88 89^ Suo Motu 02 - 01 94 101 101 Disposed of Total 72 82 89 Without Modification 04 02 - With Modification - - - By Rejection Annual Report 2021-22 28

Competition Commission of India Notices Invalid/Withdrawn 05 06 04 Closing Balance 13 11 08 18 17 17 Average no. of working days for disposal Note: Figures have been recast to include modifications in the Phase-I also. In total, there have been 8 modifications in Phase –II till 31.03.2022. ^ It includes 51 notices filed in Green Channel till 31.03.2022. During 2021-22, the Commission received 90 notices under Sections 6(2) and 20(1) of the Act and 11 notices were carried forward from previous year. Out of the 90 notices, 82 were filed in Form-I (including Green Channel) and 08 were filed in Form-II. As on March 31, 2022, 08 notices were pending for assessment. Sector-wise break-up of the combination notices, (along with their respective shares in total notices filed) is as follows: Finance and Markets (15%); Pharmaceuticals and Healthcare (08%); Information Technology and Services (09%); PVC & Chemicals (01%); Auto & Auto Components (03%); Mining & Metals (05%); Power & Power Generation (10%); Food & Refined Oil (03%); and Miscellaneous (45%). The Commission disposed of / approved / took final decision on 93 notices during 2021-22. Details regarding the notices received and disposed of in 2021-22 are presented in Table No. F2. Table F2: Receipt and disposal of Combination notices in 2021–22 Sl. Particulars Number No. 1 Number of matters pending at the beginning of the year 11 2 Number of notices received during the year 90 3 Total number of notices under consideration at the end of the year 08 4 Number of combinations approved by the Commission in*: 93 Less than 30 days 93 31–60 days - 61–120 days - 121–210 days - 5 Number of Combination notices Ordered for enquiry Nil 6 Number of Combination notices not disposed of within 210 days, Nil with brief reasons therefore, and Combinations deemed to have been approved. 7 Number of Combinations not approved by the Commission with brief Nil reasons therefore * 04 combination notices were invalidated during the financial year 2021-22, of which 03 notices were filed during the financial year 2021-22 and 01 notice during the financial year 2020-21. 29 Annual Report 2021-22

Competition Commission of India G. References by Central Government/State Governments The State intervenes in the market either by enacting legislations to prescribe rules of the game or by formulating policies relating to trade, commerce, industry, business, investment, disinvestment, taxation, IPR, procurement, etc. These interventions usually strengthen the invisible hands of the market and seek to promote competition. However, despite best intentions and exercise of the best skills, care and due diligence, some interventions by the State may inadvertently restrict the ability of economic agents to effectively compete in the marketplace. Section 49 of the Act enables the Central Government and as well as State Governments, while formulating a policy on competition, including review of laws related to competition or any other matter, to make a reference to the Commission for its opinion on the possible effects of such policy on competition. On receipt of such a reference, the Commission shall, within 60 days of making such reference, give its opinion to the Central Government or the State Government, as the case may be. Under Section 54 of the Act, the Central Government may, by notification, exempt (a) any class of enterprises if such exemption is necessary in the interest of security of the State or public interest; (b) any practice or agreement arising out of and in accordance with any obligation assumed by India under any treaty, agreement or convention with any other country or countries; (c) any enterprise which performs a sovereign function on behalf of the Central Government or a State Government, from the application of the Act, or any provision thereof, and for such period as it may specify in such notification. In terms of Section 55 of the Act, the Commission shall, in exercise of its powers or the performance of its functions under the Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time. (i) References received from Central Government/State Governments under Section 49(1) of the Act No such reference was received from the Central Government/State Governments during 2021-22. Annual Report 2021-22 30