CCI Annual Report 2021-22

Competition Commission of India (iv) Organisational structure The work of the Commission, as on March 31, 2022, was organised into following functional Divisions, as presented in Table J2. Table J2: Organisation Structure of the Commission Sl. No. Name of the Division 1 Secretariat 2 Establishment/Administration/Coordination (consisting of HR, F&A, Service & IT) 3 Advocacy 4 Anti Trust - I (ATD-I) 5 Anti Trust - II (ATD-II) 6 Combination 7 Capacity Building & Library 8 Economic 9 International Cooperation 10 Legal 11 Research & Trend Analysis (R&TA) (v) Personnel in the Commission The details of personnel at various levels in the Commission as on March 31, 2022 along with vacancy is presented in Table J3. 81 Annual Report 2021-22

Competition Commission of India Table J3: Incumbency Position in the Commission Sr. Designation No. of No. of posts No. of Vacant No. Sanctioned filled up Positions Posts 1 Secretary 01 - 01 Professionals 2 Adviser (Law) 04 03 01 04 - 3 Adviser (Eco) 04^ - 01 03 02 4 Adviser (FA) 01^ 03 03 02 01 5 Director (Law) 05 08 03 06 05 6 Director (Eco) 06 05 01 10 05 7 Director (FA) 03 04 11 02 05 8 Joint Director (Law) 11 9 Joint Director (Eco) 11 10 Joint Director (FA) 06 11 Deputy Director (Law) 15 12 Deputy Director (Eco) 15 13 Deputy Director (FA) 07 Support Staff 14 Joint Director (F&A) 01 - 01 01 - 15 Joint Director (CS)* 01 05 - 01 - 16 Deputy Director (CS) 05 - 01 01 - 17 Deputy Director (F&A) 01 13 01 02 - 18 Deputy Director (IT) 01 02 01 02 - 19 Sr. Principal Private Secretary 01 06 - 18 02 20 Assistant Director (CS) 14 04 - 01 - 21 Assistant Director (LS) 02 - 03 22 Assistant Director (IT) 03 23 Assistant Director (F&A) 02 24 Principal Private Secretary 06 20 25 Office Manager (CS) 04 26 Office Manager (F&A) 01 27 Office Manager (LS) 28 Private Secretary 03 ^ 1 post of Adviser (FA) of deputation quota is temporarily diverted to Adviser (Eco.) under deputation quota. * The post of JD(IT) is temporary diverted and filled as JD(CS) on deputation basis. Annual Report 2021-22 82

Competition Commission of India The details of personnel at various levels in the office of Director General as on March 31, 2022 along with vacancy are presented in Table J4. Table J4: Incumbency Position in the Office of DG Sr. Designation No. of No. of posts No. of Vacant No. Sanctioned Posts filled up Positions 1 Director General 01 01 - Professionals 2 Additional Director General 04 03 01 3 Joint Director General 08 03 05 4 Deputy Director General 20 06 14 Support Staff 5 Deputy Director General (CS) 01 - 01 6 Assistant Director General 03 02 01 (CS) 04 04 - 7 Office Manager (CS) Reservation of posts for various categories under the reservation policy of the Government of India is applicable for direct recruitment by the Commission. Accordingly, out of 65 vacancies in different posts for direct recruitment, 29 vacancies were earmarked for reserved categories. The details of reserved vacancies and posts filled up on direct recruitment basis are given in Table J5. Table J5: Details of Reservations in Direct Recruitment Sr. Name of Post No. of Posts No. of Posts No. of posts No. under D.R. quota Filled vacant 1 Director (Eco) 2 Director (Law) 01 Unreserved - 01 Unreserved- 02 3 Director (FA) 4 Jt. Director (Eco) 01 Unreserved- 03 5 Jt. Director (Law) ST - 01 6 Jt. Director (FA) 01 OBC - 01 7 Dy. Director (Eco) 03 Unreserved - 01 Unreserved- 05 8 Dy. Director (Law) 03 OBC - 01 SC - 01 OBC - 03 01 Unreserved- 02 SC – 01 13 Unreserved - 02* OBC - 01 SC - 01 EWS - 01 ST - 01 13 Unreserved - 05 OBC - 01 ST - 01 OBC - 01 83 Annual Report 2021-22

Competition Commission of India 9 Dy. Director (FA) 07 Unreserved - 01 Unreserved- 03 10 Asst Director (IT) OBC - 01 ST - 01 11 Office Manager (F&A) 12 Office Manager OBC - 01 (Corporate Services) 02 Unreserved - 01* Unreserved- 01 13 Office Manager 04 Unreserved - 5 Unreserved- 4 (Library Services) 15 SC - 2 SC - 1 OBC - 2 ST – 1 01 EWS - 2 OBC - 3 * Includes one post each under PwD category. Note: Reservation to Economically Weaker Section (EWS) category has been implemented w.e.f. February 1, 2019 vide DoPT letter No.36039/1/2019-Estt. (Res.) dated January 31, 2019. (vi) Experts and Professionals engaged In order to augment its capacity, the Commission has notified the Competition Commission of India (Procedure for Engagement of Experts and Professionals) Regulations, 2009, to avail the services of experts and professionals. In terms of these Regulations, 48 Research Associates/Experts [28 in Law, 7 in Economics, 6 in Financial Analysis and 6 in IT stream, besides an Expert (Copy Editor)] were engaged as on March 31, 2022. (vii) Delegation of power As per Section 51 (3) of the Act, the ‘Competition Fund’ shall be administered by a Committee of such Members as appointed by the Chairperson. As per the nomination made by the Chairperson, the Fund Administering Committee (FAC) as on March 31, 2022 comprised Dr. Sangeeta Verma and Shri Bhagwant Singh Bishnoi, Members of the Commission. (viii) Employee welfare measures The terms and conditions of employment of officers and employees of the Commission and DG’s Office have been notified by the Central Government. To provide medical advice/ consultation during office hours, two part-time Medical Consultants (Allopathic and Homeopathic) have been engaged, who provide onsite medical consultancy to the employees on select days every week. (ix) Other activities In order to encourage the use of Hindi language in the official working of the Commission and also promote awareness regarding the official language, ‘Hindi Pakhwara’ was organised from September 14 to 28, 2021. Annual Report 2021-22 84

Competition Commission of India K. Budget and Accounts (i) Budget estimates and revised estimates The Central Government extends budgetary support to the Commission in the form of Grants- in-Aid. The Ministry had provided Budget Estimates and Revised Estimates of Grants-in-Aid of ₹4600 lakh for 2021-22. (ii) Receipts under broad categories The Commission has a Competition Fund which is credited by (a) all Government Grants received by the Commission, (b) the Fees received under the Act, and (c) the Interest accrued on these receipts. The Fund is administered by the Fund Administering Committee (FAC) constituted under section 51 (3) of the Competition Act 2002. The Committee reviews the position of actual expenditure and requirement of funds for the Commission every month. The receipts under broad categories in the Competition Fund during 2021-22 have been as under: Table No. K1: Receipts under Broad Categories Sl. No. Grants-in-Aid Category Amount (₹ in lakh) 1 Fees Total 4,600.00 2 Interest income 2,211.50 3 Other income 613.29 4 1.03 7,425.82 (iii) Actual Expenditure under broad categories The Commission incurred an expenditure of ₹5,604.18 lakh during the year 2021-22. The break-up of expenditure in broad categories is as under: Table No. K2 : Expenditure under Broad Categories Sl. No. Category Amount (₹ in lakh) 3,083.23 1 Establishment Expenses 59.45 20.56 2 Travel Expenses 664.04 128.74 3 Training/Seminar 4 Professional charges 5 Rent, rates & taxes 85 Annual Report 2021-22

Competition Commission of India Sl. No. Category Amount (₹ in lakh) 7.20 6 Advertisement & Publicity 1,585.74 7 Other Administrative Expenses (excl. Depreciation) 55.22 8 Fixed Assets: 5,604.18 Capitalisation: ₹276.34 lakh Less: Rectifications in compliance with Audit observations ₹221.12 lakh Total (iv) Balance available in the Competition Fund The balance available in the Competition Fund as on March 31, 2022 is ₹10822 lakh. (v) Any other information While incurring the expenditure, the Commission follows standards of financial propriety and other provisions prescribed in General Financial Rules. The economy instructions and other orders issued by Ministry of Finance from time to time are also kept in view. The Commission maintains the accounts and other relevant records and prepare an annual statement of accounts in accordance with the Competition Commission of India (Form of Annual Statement of Accounts) Rules 2009. The Annual Accounts of the Commission for 2021-22 have been finalised and approved by the Commission. The approved Annual Accounts have been forwarded to the Comptroller & Auditor General of India (C&AG) for conducting audit and certification of the same. The Annual Accounts of the Commission for 2021-22, as certified by the C&AG or any other person appointed by him on his behalf, together with the audit report thereon, shall be forwarded to the Central Government for laying in before both the Houses of Parliament. Annual Report 2021-22 86

Competition Commission of India L. International Cooperation (i) Memorandums or arrangements signed with agencies of foreign countries As mandated under Section 18 of the Competition Act, 2002, the Competition Commission of India (CCI) has entered into Memorandum of Understanding (MOU), after obtaining approval from the Government of India, with the following competition authorities until March 2022: 1. Federal Trade Commission (FTC) and Department of Justice (DOJ), USA; 2. Director General Competition, European Union (EU); 3. Federal Antimonopoly Service (FAS), Russia; 4. Australian Competition and Consumer Commission (ACCC); 5. Competition Bureau (CB) Canada; 6. Competition authorities of the Federative Republic of Brazil, the Russian Federation, the Republic of India, the People’s Republic of China and the Republic of South Africa (BRICS Countries); 7. Administrative Council for Economic Defense (CADE), Brazil; 8. Japan Fair Trade Commission (JFTC); and 9. Competition Commission of Mauritius (CCM) (ii) Overseas projects undertaken CCI virtually hosted the 9th International Competition Network (ICN) Unilateral Conduct Working Group (UCWG) Workshop from March 22–23, 2022. The two-day workshop touched upon a wide array of issues concerning unilateral conduct in digital markets. The workshop was attended by over 200 officers from various competition agencies and non- governmental advisors (NGAs). UCWG was established at the fifth annual ICN conference in May 2006. The objectives of the UCWG are to examine the challenges involved in analyzing unilateral conduct of dominant firms and firms with substantial market power, facilitate greater understanding of the issues involved in analyzing unilateral conduct, and to promote greater convergence and sound enforcement of laws governing unilateral conduct. 87 Annual Report 2021-22

Competition Commission of India (iii) Memberships of international organisations (a) International Competition Network (ICN) The ICN is a virtual international organisation and its member represents competition authorities across the globe. The work of ICN takes place in project-oriented Working Groups, where members work together, largely through teleconferences, teleseminars, webinars, workshops etc. ICN platform allows for a dynamic dialogue that serves to build consensus and convergence towards sound competition policy principles across the global antitrust community. ICN holds workshops and an Annual Conference every year, which is hosted by one of its member agencies. CCI is a member and has been an official invitee to the conferences and workshops organized by the ICN. CCI and Competition Bureau, Canada are the Co-Chairs of ICN Operational Framework Working Group (OFWG). In this regard, OFWG held the conference call on April 12, 2021 aiming to revise the ICN Operational Framework Document. The next OFWG conference calls were held on May 24 and 31, 2021. Four officers participated in ICN Virtual Promotion & Implementation Workshop Skills Series on September 2, 9, 16, 23 and 30, 2021. The workshop provided practical training using ICN work product and ITOD video training modules, and addressed investigative planning, developing reliable evidence, cooperation and procedural fairness in merger review and conduct cases. Two officers participated virtually in the ICN Cartel Workshop held during November 17-19, 2021. Three officers participated virtually in the ICN Merger Working Group Workshop during March 29 – April 1, 2022 organised by Administrative Council for Economic Defense (CADE), Brazil. (b) BRICS Competition Authorities A Memorandum of Understanding between the Competition authorities of BRICS (Brazil, Russia, India, China and South Africa) was signed on May 19, 2016 during the International Legal Forum held in St. Petersburg, Russia. In 2020, BRICS MoU on Cooperation in the field of Competition Law and Policy was extended for an open end period. During the year 2021-2022, a virtual meeting was held with Competition Commission of South Africa (CCSA) on BRICS Automotive Working Group, in which CCI is a project lead and CCSA is co-lead, to discuss the progress of the Report on “Competition issues in the Automotive Sector”. CCI participated in BRICS Ad-hoc Working Group virtually to discuss the draft model recommendation on waivers in the process of considering global mergers and acquisitions by the BRICS member states on May 18, 2021. CCI hosted a virtual meeting of the heads of BRICS Competition Authorities on May 27, 2021 under India’s Chairship of BRICS. During the meeting, the participants discussed Annual Report 2021-22 88

Competition Commission of India the progress made in BRICS working groups for research on competition issues of common interest such as Pharmaceutical markets, Food value chains, Automotive markets and Digital markets. CCI also participated in VII BRICS International Competition Conference (ICC), hosted by State Administration for Market Regulation (SAMR) China, on November 16-17, 2021 wherein a Research Report by the BRICS Competition Authorities Working Group on Automotive Sector was released. Chairperson, CCI signed the Chengdu Joint statement along with the heads of the BRICS Competition authorities. A video invitation was also showcased for hosting VIII BRICS ICC, 2023 in New Delhi, India. (c) Organisation for Economic Co-operation and Development (OECD) The Commission has an observer status with the Competition Committee of OECD. The Commission and its officers regularly participate in the meetings of the OECD Competition Committee and the OECD Global Forum on Competition (GFC) to gain exposure to the global best practices in the field of competition law and policy. CCI has been making regular written contributions at various roundtables during the conferences/meetings of OECD. In the year 2021-2022, CCI provided written contributions on “Regulation and Competition Enforcement”, “Competition Compliance Programs”, “Data Portability, Interoperability and Competition” and “The Promotion of Competitive Neutrality by Competition Authorities”. CCI officers participated virtually in the OECD Competition Week meeting which was held during June 7-11, 2021 and November 29 - December 03, 2021. CCI also participated in OECD Global Forum on Competition during December 6-8, 2021 and 6th meeting of High Level Representatives of Asia- Pacific Competition Authorities on December 13, 2021. During the year, eleven officers participated in a three-day virtual workshop on Competitive Neutrality organized by OECD/Korea Policy Centre(KPC) during October 4 -7, 2021. One officer attended online OECD KPC workshop on Legal Models for International Enforcement Co-operation on October 28, 2021. Six officers participated in OECD KPC online workshop on Regulatory Barriers to Competition in Professional Services during November 18-19, 2021. Two officers participated in OECD Competition Open Day, a virtual event on February 23, 2022. Five officers participated in OECD KPC three-day virtual workshop on OECD-KPC on Market Studies for Competition Advocacy and Enforcement during March 8,10 & 11, 2022. (d) United Nations Conference on Trade and Development (UNCTAD) The Commission has been proactively engaging with UNCTAD, a UN body responsible for dealing with development issues, particularly international trade. CCI regularly 89 Annual Report 2021-22

Competition Commission of India participates in UNCTAD meetings. CCI’s engagements with UNCTAD in 2021–22 are as follows: Two officers participated in the 3rd meeting of the UNCTAD Working Group (WG) on Cross-Border Cartels (CBCs) held virtually on June 1, 2021, January 31 and March 29, 2022. Chairperson, CCI addressed the session on “Competition Advocacy during and in the aftermath of the COVID-19 Crisis” which was held during July 7- 9, 2021 at UNCTAD 19th session of Intergovernmental Group of Experts on Competition Law and Policy. One officer participated virtually in UNCTAD Ad-Hoc Expert Group Meeting on “Competition Law and Policy on Cross-border Cartels” held on November 23, 2021. (iv) & (v) International delegations received by the Commission from foreign governments and others/Overseas delegation received at CCI In order to gain exposure to best practices, CCI invites experts from foreign competition agencies/mature jurisdictions to share their experiences in the field of competition law and economics. In the year 2021–2022, due to the ongoing COVID-19 pandemic, there were no visits. However, 4th EU-India Competition Week was organized virtually on December 13-14, 2021. Chairperson, CCI and Mr. Seppo Nurmi, Deputy Head of Delegation, Delegation of the EU to India and Bhutan addressed the Virtual meeting. A virtual experience sharing program was also organized with United States Department of Justice (USDOJ) on November 29, 2021, to discuss its investigation on Visa-Plaid Case and Amazon Art Poster Case. (vi) Foreign visits In the year 2021-22, the following officers were sent on deputation abroad: Table L1: Details of foreign visits Sl. Name of the functionary Purpose of the visit Duration, place No. and country 1. Dr. Sanjay Kumar Pandey, To participate in 2nd Round March 15-17, 2022, Adviser (Law) of India-UK Free Trade London, UK Agreement (FTA) negotiations 2. Mr. Kamal Sultanpuri, for the Competition Chapter of Deputy Director (Law) the FTA Others: 1. One officer participated as a a panel speaker in an online Special Policy session on “Competition Policy Developments in Digital Markets: the BRICS” on September 5, 2021 organized by Competition and Regulation European Summer School and Conference Annual Report 2021-22 90

Competition Commission of India (CRESSE) held under the 15th International Conference on Competition and Regulation during September 3-5, 2021 (CRESSE Conference 2021). 2. One officer participated as a panel speaker in an online session “Merger Control in Asia: Sharing Experience of New and Emerging Regimes and Trends” on September 13, 2021 organized under the 7th edition of the Antitrust in Asia conference by Concurrences Antitrust Publications and Events. 3. Chairperson, CCI along with an officer participated virtually in the G7 Enforcers Summit organized by Competition and Market Authority (CMA) as part of the UK’s G7 Presidency during November 29-30, 2021. 91 Annual Report 2021-22

Competition Commission of India M. Capacity Building CCI has been conceived as an expert statutory body, administering and enforcing the Competition Act, 2002 which requires knowledge and skills traversing more than one discipline. A multidisciplinary approach is needed for understanding concepts used in the Act and framing regulations under it. Further, constant economic and market developments in Indian as well as world economies necessitate corresponding capacity building of employees of CCI. Therefore, skill enhancement and regular updation of knowledge are essential for smooth functioning of a multidisciplinary regulatory organization like CCI. This is achieved through capacity building programs such as trainings/workshops/lectures etc. These programs are conducted with the help of international experts from overseas multilateral agencies and competition authorities as well as by domestic experts and organizations specializing in the field of law, economics, finance, management, etc. In addition to that, CCI conducts in-house trainings and Peer-to-Peer sessions where inter-division sharing of knowledge and information takes place. Due to the COVID-19 pandemic, CCI has conducted majority of its capacity building initiatives/programs virtually during 2021-22. CCI regularly invites eminent personalities from various fields as speakers to address its employees under Distinguished Visitors Knowledge Sharing Series (DVKS) and Special Lecture Series (SLS). During the year 2021-22, CCI organized two lectures (virtually) under DVKS as per details presented in Table M1: Table M1: Lectures under DVKS Sl. No. Speaker Topic RTI Challenges and Opportunities 1 Shri Bimal Julka Former Chief Information India’s Global Competitiveness: Key to its Commissioner Economic Success 2 Dr. Rakesh Mohan Joshi Dean of Indian Institute of Foreign Trade (IIFT) During the year 2021-22, CCI also organized ten lectures (virtually) under SLS as per details presented in Table M2: Annual Report 2021-22 92

Competition Commission of India Table M2: Lectures under SLS Sl. No. Speaker Topic 1 Shri Sridar Padmanabhan Kannan Competition Law and the Mining Sector: Consultant, World Bank, Washington A Developmental Approach to Advocacy DC, USA and Adjudication 2 Ms. Mallika Bhatia Is Covid only physical - How Covid is Life Coach & Clinical Psychologist, affecting our Psyche Germany Carbon Footprint Reduction: What is at 3 Shri Rajani Ranjan Rashmi Stake & How do we do it Distinguished Fellow and Program Director, Earth Science and Climate Change, The Energy and Resource Institute (TERI), New Delhi 4 Prof. Nicolas Petit Innovating Big Tech Firms and Professor of Competition Law, Competition Policy: Favoring Dynamic European University Institute, Italy Over Static Competition 5 Shri Dilip Asbe e-RUPI - A Digital Solution MD & CEO, National Payments Corporation of India (NPCI), Mumbai 6 Dr. Rajesh Sagar (MBBS & MD- Importance of Good Mental Health Psychiatry) during COVID Pandemic Professor, Department of Psychiatry, All India Institute of Medical Sciences (AIIMS), Delhi 7 Prof. Dr. Tanuja Manoj Nesari Ayurveda for Holistic Wellbeing Director, All India Institute of Ayurveda, New Delhi 8 Shri Moloy Sanyal The Sexual Harassment of Women at Deputy Secretary, Institute of Workplace (Prevention, Prohibition and Secretariat Training and Management Redressal) Act, 2013 (ISTM), New Delhi 9 Dr. Thibault Schrepel Blockchain Antitrust Associate Professor of Law, Vrije Universiteit Amsterdam, Netherlands 10 Ms. Pinky Anand Leges Pro Muileribus (Laws for Women) - Senior Advocate and former Additional Enactment to Implementation in India Solicitor General of India (i) In-house Capacity Building Initiatives Table No. M3 to M5 illustrates details of in-house capacity building initiatives organized by CCI for its employees during 2021-22 93 Annual Report 2021-22

Competition Commission of India Table M3: In-house capacity-building initiatives by CCI Sl. Date/ Name of Program Faculty Coverage of Program No. Duration 1 13 -15.09.2021 In-house Induction Officers Introduction to CCI & Important of CCI provisions of Competition Act, Training Program Anti-Competitive Agreements, Abuse of Dominance, (virtual) for newly Combination Regulation: Need, joined officers and Relevance and Procedure Research Associates Overview of DG Investigation, Economics in Competition Law, of CCI & O/o DG, CCI Information Filing, HR & Office Procedure, Advocacy Mandate of CCI. Table M4: Level-wise participation of Officers in in-house capacity-building initiatives by CCI Sl. Name of No. of Officers/ Professionals at the level of No. Program Secy/ Addl. Jt. DG/ Jt. Dy. DG/ Asst. Others Total DG/ DG / Director Dy. Director/ Adviser Director Director/ Office Sr. PPS Manager/ PPS 1 In-house - 1 - 1 7 16 25 Induction Training Program (virtual) for newly joined officers and Research Associates of CCI & O/o DG, CCI Total -1 - 1 7 16 25 Annual Report 2021-22 94

Competition Commission of India Table M5: Discipline-wise participation of Officers in in-house capacity-building initiatives by CCI Sl. Name of Program No. of Officers/Professionals from the Disciplines of No. Economics Financial Law CS/ F&A/ IT/ Others Total Analysis LS 1 In-house Induction 2 3 12 7 1 25 Training Program (virtual) for newly joined officers and Research Associates of CCI & O/o DG, CCI Total 2 3 12 7 1 25 (ii) Capacity-building initiatives with the help of outside institutions (a) Training initiatives in India Table No. M6 to M8 illustrates details of domestic capacity building initiatives organized by outside institutions and attended by CCI employees during 2021-22. Table M6: Domestic capacity-building initiatives by outside institutions Sl. Name of Program Coverage of Program No. Faculty/Institution GFR 2017 on Procurement of Goods, Venue/Duration Procurement through GeM, e-Procurement, Contract Management (Inward Logistics, 1 Training Program on Public Quality Assurance, Payments, Price Variation Procurement (Basic) Clause, Extension of Completion Period, Arun Jaitley National Institute of Quantity Variation, Liquidated Damages, Force Financial Management (AJNIFM), Majeure, Default and Termination, Warranty Faridabad (sponsored by Ministry of and AMC), Procurement of Outsourced Finance) Services, etc. Online/ June 21-24, 2021 Darknet & Darkweb, IT Act and related 2 Chief Information Security Officers legislation, D-DOS attack, service disruption, (CISOs) Deep Dive Online Training common attack techniques, Data classification Program under Cyber Surakshit and levelling, authentication protocols, social Bharat Initiative media management, data protection, cyber National e-Governance Division forensic, security at hosting infrastructure- (NeGD), Ministry of Electronics and Cloud, emerging technology- Opportunities Information and threats, etc. Online/ July 5-10, 2021 95 Annual Report 2021-22

Competition Commission of India Sl. Name of Program Coverage of Program No. Faculty/Institution Preventive Vigilance–Overview & Importance, Venue/Duration Procurement Principles including GeM, Complaint handling system, General Financial 3 Training on Advance Course on Rules and CVC guidelines for e-procurement, Preventive Vigilance Bottlenecks of Transparency and efficiency National Productivity Council (NPC), in implementation of schemes, Preventive New Delhi measures to plug bottlenecks, Whistle Online/ July 6-7, 2021 Blower Mechanism, Protection of whistle blower, feedback on action taken and use of technology Conduct Rules: Overview, Constitutional basis, Objectives of RTI Act 2005, etc. 4 Competition Summer School Case studies on Mergers and acquisitions, EU- India Competition Cooperation Anti-trust procedure –Regulation, State aid Project control, Economics of competition law etc. Virtual/ June 28 - July 9, 2021 5 Training on Tendering and Contract Relevance of General Financial Rules, Management Elements of public procurement, Tendering National Productivity Council (NPC), process, Bidding system, Important Features & Jaipur Clauses of Contract Management, etc. Online/ July 15-16, 2021 6 Training Program on Public GFR 2017 on Procurement of Goods, Procurement (Basic) Procurement through GeM, e-Procurement, Arun Jaitley National Institute of Contract Management (Inward Logistics, Financial Management (AJNIFM), Quality Assurance, Payments, Price Variation Faridabad (sponsored by Ministry of Clause, Extension of Completion Period, Finance) Quantity Variation, Liquidated Damages, Force Online/ August 9-12, 2021 Majeure, Default and Termination, Warranty and AMC), Procurement of Outsourced 7 Workshop on Gender Sensitization Services, etc. Shri Moloy Sanyal, Deputy Secretary, Institute of Secretariat Training and Gender Issues including Gender Management (ISTM) Discrimination, Sexual Harassment, Online/ August 18, 2021 Dimensions and types of SHWP, SHWWP (PPR) Act, 2013, Relevant Provisions in the Act (with or without Service Rules), SHWWP Act, 2013 in the light of Service and Conduct Rules, Steps to conduct enquiry as per DoPT and other Subsequent decisions, etc. Annual Report 2021-22 96

Competition Commission of India Sl. Name of Program Coverage of Program No. Faculty/Institution Venue/Duration 8 Training Program on Public GFR 2017 on Procurement of Goods, Procurement (Basic) Procurement through GeM, e-Procurement, Arun Jaitley National Institute of Contract Management (Inward Logistics, Financial Management (AJNIFM), Quality Assurance, Payments, Price Variation Faridabad (sponsored by Ministry of Clause, Extension of Completion Period, Finance) Quantity Variation, Liquidated Damages, Force Online/ August 23-26, 2021 Majeure, Default and Termination, Warranty and AMC), Procurement of Outsourced Services, etc. 9 Two-week online Capacity Building Interface of Competition Law and AI Program on Shaping the future of Technology, Indian Government’s approach regulations in the emerging digital towards emerging technology, Overview of era challenges to regulators in emerging digital Indian Institute of Corporate Affairs era, Legal and regulatory framework for (IICA) for Forum of Indian Regulators new emerging markets in digital era, Use of (FOIR) data and digital tool to improve regulation, Online/ September 13-24, 2021 Why blockchain is essential for regulators, Regulatory Policy and COVID-19 pandemic, Internet of Things (IoT) & its regulations, etc. 10 Workshop on Ethics and Values in Value as social construct, Human Value, Government Human Virtue, Value Conflicts in professional Shri Pandey Rakesh, Assistant Director, life, Nature and Scope of Ethics, Importance Institute of Secretariat Training and and challenges of ethics, The concept of ethical Management (ISTM) governance, Ethical dilemmas in government Online/ October 4, 2021 institutions, etc. 11 Workshop on Competitive Neutrality Competitive Neutrality OECD/KPC Korea Policy Centre October 4, 5 & 7 2021 12 3-month Online Certificate Course Introduction to Regulation and Principles of on Regulatory Governance Regulation, Regulatory Issues and Challenges Indian Institute of Corporate Affairs in India, Best Practices for Regulatory (IICA) for Forum of Indian Regulators Governance (based on International (FOIR) Experience), Tools for Better Regulation etc. Online/ October 2021-January 2022 13 Workshop on Key FRAND and SEP Basics on SEP and FRAND, Key FRAND Licensing Issues and SEP Licensing Issues, Use and misuse Confederation of Indian Industries of Injunctions and Threats of Injunctions (CII) in collaboration with ACT | The in SEP Negotiations, FRAND Valuation App Association Methodologies, Proposed resolutions for the Online/ October 22, 2021 policy makers Issues, Competition and Public- Interest function of the FRAND, etc. 97 Annual Report 2021-22

Competition Commission of India Sl. Name of Program Coverage of Program No. Faculty/Institution Venue/Duration 14 Workshop on legal models for Legal models for international enforcement international enforcement co- co-operation operation OECD/KPC October 28, 2021 15 Workshop on Regulatory barriers to Why competition matters in professional competition in professional services services and what drives it, OECD/KPC Evidence on the impact of existing regulatory November 18-19, 2021 constraints of professional services etc. 16 4th EU- India Competition Week Competition enforcement and regulation in EU- Asia Competition Cooperation digital markets – Project practical challenges, Virtual/ December 13 – 14, 2021 Competition law and enforcement in the pharmaceutical sector 17 2-day Online training program on Workshop Overview, Concepts, Dimensions and Sexual Harassment of Women at Workplace (Prevention, Prohibition Types of SHW, Sexual Harassment at Workplace and Redressal) Act, 2013 National Productivity Council (NPC), (PPR) Act 2013 and its various Provisions, New Delhi How to file a complaint and Complaint Process, Online/ December 21-22, 2021 Guidelines for Internal Complaints Committee, Norms and Best Practices, How to conduct an Enquiry (PPA) etc. 18 3-week online Capacity Building Overview-drafting and designing Program on theme Designing & of regulations, Role of a regulator, Drafting of Regulation and its implementation of regulations and impact Management assessment, management of regulations, etc. School of Competition Law & Market Regulation at Indian Institute of Corporate Affairs (IICA) for Forum of Indian Regulators (FOIR) Online/ February 7-25, 2022 19 Competition Open Day Green Innovation and Competition, OECD  Competitive Neutrality and the role of the February 23, 2022 State in the market Regulation and Competition Enforcement in Digital Markets etc. Annual Report 2021-22 98

Competition Commission of India Sl. Name of Program Coverage of Program No. Faculty/Institution Venue/Duration 20 5-day Training Program on (i) Seizure and Forensic Analysis of Mobile hands Seizure and Forensic Analysis sets, Mobile Forensics, Call Detail Record of Mobile hands sets (ii) Mobile analysis, IPDR analysis and Tower Dump Forensics (iii) Call Detail Record Analysis, etc. analysis, IPDR analysis and Tower Dump Analysis CBI Academy, Ghaziabad CBI Academy, Ghaziabad/ March 7-11, 2022 21 Workshop on Market Studies Competition in Market Studies for Competition for Competition Advocacy and Advocacy and Enforcement Enforcement OECD/KPC March 8-11, 2022 22 Residential training program on Code of Civil Procedure, 1908- Summons Code of Civil Procedure, 1908 & Indian Evidence Act, 1872 to Witness, Summoning and attendance of Himachal Pradesh Judicial Academy witness, attendance of witness confined or (HPJA), Shimla detained in prisons, Power to order discovery, HPJA/ March 9-11, 2022 Production, impounding and return of documents, Affidavits, Issuing Commissions for examination of witnesses, etc. Indian Evidence Act, 1872-Analysis of evidence, proof and facts, Principles and methods of analysis, Types of evidences, Production and effect of evidences, Logical and judicial reasoning, etc. 23 1-week residential training program How to legally utilize Open Source and on Social Media Investigation Social Media intelligence, how to carry Bureau of Police Research and out investigation and collect intelligence/ Development (BPRD), Central Academy evidences from social media sites like for Police Training (CAPT), Bhopal Facebook, Twitter, Instagram etc., online CAPT, Bhopal/ March 14-19, 2022 investigations using different forensic tools and advanced searching techniques, relevant and current case studies showcasing unconventional investigative techniques, etc. 99 Annual Report 2021-22

Competition Commission of India Table M7: Level-wise participation of Officers in domestic capacity-building initiatives by outside institutions Sl. Name of Program No. of Officers at the level of No. Secy/ Addl. Jt. DG/ Dy. DG/ Asst. Others Total DG/ DG / Jt. Dy. Director/ Adviser Director Director Director/ Office Sr. PPS Manager/ PPS 1 Training Program - - - - 3 -3 on Public Procurement (Basic) 2 Chief Information - - - - 2 -2 Security Officers (CISOs) Deep Dive Online Training Program under Cyber Surakshit Bharat Initiative 3 Training on --1 1 3 -5 Advance Course on Preventive Vigilance 4 Competition --7 3 - - 10 2 -2 Summer School - -4 5 Training on -- - - Tendering and Contract Management 6 Training Program - - 2 2 on Public Procurement (Basic) 7 Workshop 32 8 8 9 5 35 on Gender Sensitization 8 Training Program - 1 - - 1 -2 on Public Procurement (Basic) Annual Report 2021-22 100

Competition Commission of India Sl. Name of Program No. of Officers at the level of No. Secy/ Addl. Jt. DG/ Dy. DG/ Asst. Others Total DG/ DG / Jt. Dy. Director/ Adviser Director Director Director/ Office Sr. PPS Manager/ PPS 9 Two-week online - - - 2 - -2 Capacity Building Program on Shaping the future of regulations in the emerging digital era 10 Workshop on 1 2 8 7 16 18 52 Ethics and Values in Government 11 Workshop on -26 3 - - 11 Competitive Neutrality 12 3-month Online 1 - - 1 - -2 Certificate Course on Regulatory Governance 13 Workshop on Key 1 1 4 1 - -7 FRAND and SEP Licensing Issues 14 Workshop on -- - 1 - -1 legal models for international enforcement co- operation 15 Workshop on 12 1 2 - -6 Regulatory barriers to competition in professional services 16 4th EU- India 12 9 7 - 2 21 Competition Week 101 Annual Report 2021-22

Competition Commission of India Sl. Name of Program No. of Officers at the level of No. Secy/ Addl. Jt. DG/ Dy. DG/ Asst. Others Total DG/ DG / Jt. Dy. Director/ Adviser Director Director Director/ Office Sr. PPS Manager/ PPS 17 2-day Online -11 - 1 -3 training program on Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 18 3-week online -- - 2 - -2 Capacity Building Program on theme Designing & Drafting of Regulation and its Management 19 Competition Open - - 1 1 - -2 Day 20 5-day Training -1 - 1 - -2 Program on (i) Seizure and Forensic Analysis of Mobile hands sets (ii) Mobile Forensics (iii) Call Detail Record analysis, IPDR analysis and Tower Dump Analysis 21 Workshop on --4 1 - -5 Market Studies for Competition Advocacy and Enforcement Annual Report 2021-22 102

Competition Commission of India Sl. Name of Program No. of Officers at the level of No. Secy/ Addl. Jt. DG/ Dy. DG/ Asst. Others Total DG/ DG / Jt. Dy. Director/ Adviser Director Director Director/ Office Sr. PPS Manager/ PPS 22 Residential --3 7 3 - 13 training program on Code of Civil Procedure, 1908 & Indian Evidence Act, 1872 23 1-week residential - - 1 1 - -2 training program on Social Media Investigation Total 8 14 56 51 40 25 194 Table M8: Discipline-wise participation of Officers in domestic capacity-building initiatives by outside institutions Sl. Name of Program No. of Officers from the Disciplines of No. Economics Financial Law CS/ F&A/ Others Total Analysis IT/LS 1 Training Program on Public - - -3 -3 Procurement (Basic) 2 Chief Information Security - - -2 -2 Officers (CISOs) Deep Dive Online Training Program under Cyber Surakshit Bharat Initiative 3 Training on Advance Course - - -5 -5 on Preventive Vigilance 4 Competition Summer School 4 33 - - 10 5 Training on Tendering and - - -2 -2 Contract Management 6 Training Program on Public - 2-2 -4 Procurement (Basic) 7 Workshop on Gender 7 3 12 11 2 35 Sensitization 8 Training Program on Public - - -1 12 Procurement (Basic) 103 Annual Report 2021-22

Competition Commission of India Sl. Name of Program No. of Officers from the Disciplines of No. Economics Financial Law CS/ F&A/ Others Total 9 Two-week online Capacity Building Program on Analysis IT/LS Shaping the future of regulations in the emerging - -2- -2 digital era 7 4 21 19 1 52 10 Workshop on Ethics and Values in Government 3 43 - 1 11 11 Workshop on Competitive - -2- -2 Neutrality 2 21 - 27 12 3-month Online Certificate Course on Regulatory - -1- -1 Governance 4 -2- -6 13 Workshop on Key FRAND and SEP Licensing Issues 7 3 10 - 1 21 14 Workshop on legal - - 21 -3 models for international enforcement co-operation - -2- -2 15 Workshop on Regulatory 1 -1- -2 barriers to competition in professional services - 11 - -2 16 4th EU- India Competition Week 17 2-day Online training program on Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 18 3-week online Capacity Building Program on theme Designing & Drafting of Regulation and its Management 19 Competition Open Day 20 5-day Training Program on (i) Seizure and Forensic Analysis of Mobile hands sets (ii) Mobile Forensics (iii) Call Detail Record analysis, IPDR analysis and Tower Dump Analysis Annual Report 2021-22 104

Competition Commission of India Sl. Name of Program No. of Officers from the Disciplines of No. Economics Financial Law CS/ F&A/ Others Total 21 Workshop on Market Studies for Competition Analysis IT/LS Advocacy and Enforcement 4 -1- -5 22 Residential training program on Code of Civil 3 211 6 13 Procedure, 1908 & Indian Evidence Act, 1872 - --- 22 23 1-week residential training 42 24 65 47 16 194 program on Social Media Investigation Total (b) Training Initiatives outside India In the year 2021-2022, there was no training outside India due to the ongoing Covid -19 pandemic. Table M9: Training initiatives outside India Sl. No Training name Faculty/Institution Duration/Venue -- - - Table M10: Level-wise participation of Officers in Foreign Training Programs Sl. Name of No. of Officers at the level of No. program Secy/DG/ ADG/ JDG/JD DDG/ ADG/ Others Total Adviser -- Director DD AD -- - - --- Table M11: Stream-wise participation of Officers in Foreign Training Programs Sl. No. Name of program Subject - CS Economics FA Law Others Total - - - -- - - (iii) Other Capacity Building Activities • A virtual talk was organized during the Vigilance Awareness Week on the topic ‘Independent India @75: Self Reliance with Integrity’ on November 01, 2021 for all the officers and employees of CCI and O/o DG, CCI. Shri Uday Sankar Chattopadhyay, Faculty Consultant, Institute of Secretariat Training and Management (ISTM) was the speaker. 105 Annual Report 2021-22

Competition Commission of India • A workshop on ‘Key FRAND and SEP Licensing Issue’ was organised on December 03, 2021 by Confederation of Indian Industry (CII) in association with Competition Commission of India (CCI) for its officers. Dr. Sanjay Pandey, Advisor (Law), CCI gave the Special address. He was joined by Mr. R. Saha, Senior Advisor, Confederation of Indian Industries (CII), Mr. Brian Scarpelli, Senior Global Policy Counsel, ACT | The App Association, Mr. Gil Ohana, Senior Director, Antitrust and Competition, Cisco Systems and Mr. Subodh Prasad Deo, Partner, Saikrishna and Associates, amongst others. • Attachment Program for ICLS Officer Trainees: CCI organized virtual 5-day Attachment Program for 08 Indian Corporate Law Services (ICLS) Officer Trainees as part of their Professional Course under On the Job (OTJ) Training Program on following days: • January 06 to January 07, 2022 with CCI; and • January 10 to January 12, 2022 with O/o Director General, CCI • During the year 2021-22, three virtual sessions under Peer-to-Peer (P2P) Knowledge Sharing Initiative were organised by CCI. P2P is an informal platform to encourage discussion/ knowledge sharing amongst professionals in CCI & O/o DG, CCI. Annual Report 2021-22 106

Competition Commission of India N. Ongoing Programs With the objective of facilitating multisided flow of knowledge and information in the field of competition law, economics and financial analysis, a network of experts named Network of Indian Competition Experts (NICE) was constituted during 2019-20 under the aegis of CCI. At present, NICE is consisting of 52 experts/professionals from 35 premier academic and research institutions of India. Under the NICE framework, the first Cartel Working Group (NICE-CWG) was constituted in the year 2020-21. The objective behind constitution of NICE-CWG was to explore areas relating to anti-cartel enforcement covered under Section 3 of the Act and their impact in the short and long run on the economy. NICE-CWG is expected to enrich collaborators and help CCI solve current and future issues related to the detection and enforcement of anti-cartel mandate in India. The 1st NICE-CWG resulted in eight research papers by CWG members. During the year 2021-22, 2nd NICE-CWG was constituted comprising of 13 experts/ professionals from 11 NICE member institutions. The West Bengal National University of Juridical Sciences (WBNUJS) and Madras School of Economics (MSE) are appointed as the Co-chairs of the CWG. Two webinars have already been conducted where deliberations related to current and novel areas with possibility of cartels were held. The annual webinar showcasing the final research work of the members is tentatively scheduled in September 2022. 107 Annual Report 2021-22

Competition Commission of India O. Right to Information Act, 2005 Smt. Jyoti Jindgar, Secretary (I/C), CCI is First Appellate Authority (FAA) and Dr. K D Singh, Director (Law) is Central Public Information Officer (CPIO) of CCI. Table O1 presents receipt and disposal of RTI Applications/ Appeals under the RTI Act. Table O1: Receipt and disposal of RTI Applications/ Appeals S. No. Description 2019–20 2020–21 2021-22 1. Number of RTI Applications received (including 111 132 145 carried–forward applications from last year) 2. Number of RTI Applications disposed of 103 106 143 3. Number of RTI Applications pending with CPIO 08 26 02 4. Number of appeals filed before FAA against the 23 11 12 Orders of CPIO 5. Number of appeals which have been disposed of 23 11 12 by FAA 6. Number of appeals pending with FAA - -- 7. Number of application/appeals not disposed of - - - in the stipulated time frame Annual Report 2021-22 108

Competition Commission of India P. Prevention of Sexual Harassment of Women at Workplace As per Section 4(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act & Rules, 2013, an Internal Complaints Committee (ICC) has been constituted by the Commission for dealing with the cases pertaining to sexual harassment of women in the CCI and O/o DG, CCI. The Committee is headed by Ms. Jyoti Jindgar, Advisor with Sh. Rahul Ravindran, Director, Ms. Bhawna Gulati, Joint Director, Ms. Varsha Bisht, Office Manager and Ms. Renu Kapoor (external member) as its members. Ms. Renu Kapoor is Associate Professor, PG DAV College, Delhi University. Table P1 gives the status of complaints received/ disposed of by the ICC. Table P1: Receipt and disposal of complaints Sl. No. Description 1 No. of complaints received by ICC during the year 01 02 2 No. of complaints disposed of during the year - Disposed off 3 No. of cases pending for more than 90 days NA 1 (virtual mode) 4 Status of the complaint received 1 (virtual mode) 5 Nature of action taken by the employer 6 No. of workshops/ awareness programs carried out 7 No. of training attended by members 109 Annual Report 2021-22

Competition Commission of India Q. Processing of General Complaints and CPGRAMS Other than formal filings under Sections 19(1) and 6(2) of the Act, the Commission receives a large number of general complaints, including through the Centralised Public Grievance Redress and Monitoring System (CPGRAMS), inter alia raising various grievances/ issues pertaining to potential violation of the competition law. Based on the in-house analysis, the Commission takes a decision whether to convert appropriate complaints into suo motu cases or otherwise. Table Q1 gives details of general complaints received and processed in last three years. Table Q1: Receipt and disposal of general complaints Sl. No. Description 2019–20 2020–21 2021-22 1 Number of general complaints received 966 1012 781 (including brought–forward complaints from last year) 2 Number of CPGRAMS received 34 21 32 3 Number of general complaints closed after 727 802 781 processing 4 Number of CPGRAMS closed after processing 34 21 32 5 Number of general complaints pending for 239 210 - processing 6 Number of CPGRAMS pending for processing - - - 7 Number of suo motu cases developed through 04 04 01 processing of General Complaints and CPGRAMS Annual Report 2021-22 110

Competition Commission of India PHOTO GALLERY Hon’ble Union Minister of Finance and Corporate Affairs, Smt. Nirmala Sitharaman delivering the inaugural address at 12th Annual Day of the Competition Commission of India through the virtual mode on May 20, 2021 Hon’ble Minister of State for Finance & Corporate Affairs, Shri Anurag Singh Thakur addressing the audience as the Guest of Honour in the inaugural session of 12th Annual Day of CCI on May 20, 2021 111 Annual Report 2021-22

Competition Commission of India Hon’ble Union Minister of Finance and Corporate Affairs Smt. Nirmala Sitharaman releasing CCI’s ‘Competition Advocacy Booklets’ translated into Bengali, Marathi and Tamil languages and CCI Journal on ‘Competition Law and Policy’ on the 12th Annual Day of the Competition Commission of India on May 20, 2021 Shri Ashok Kumar Gupta, Chairperson, CCI delivering his address at the virtual meeting of the Heads of BRICS Competition Authorities on May 27, 2021 Annual Report 2021-22 112

Competition Commission of India Shri Ashok Kumar Gupta, Chairperson CCI felicitating the Hon’ble Union Minister of State (Independent Charge) of the Ministry of Statistics and Programme Implementation; Union Minister of State (Independent Charge) of the Ministry of Planning and Union Minister of State in the Ministry of Corporate Affairs Rao Inderjit Singh on July 28, 2021 113 Annual Report 2021-22

Competition Commission of India (Clock-wise from top left) Shri Sanjay Kumar Pandey, Adviser (Law), his excellency Mr. Andre Aranha Correa do Lago, Ambassador Embassy of the Federative Republic of Brazil in India, Shri.Ashok Kumar Gupta, Chairperson, CCI, & Mr. Alexandre Barreto de Souza, President, Administrative Council for Economic Defense (CADE), Brazil during the signing of Memorandum of Understanding between CCI and CADE, Brazil on June 18, 2021 Dr. Vinod K. Paul, Member, NITI Aayog, delivering the Keynote Address during the workshop on Competition Issues in the Pharmaceutical Sector in India, conducted through the virtual mode on August 27, 2021 Shri Ashok Kumar Gupta, Chairperson, CCI, with Dr. Sangeeta Verma and Shri Bhagwant Singh Bishnoi, Members, CCI, during the workshop on Competition Issues in the Pharmaceutical Sector in India, conducted through the virtual mode on August 27, 2021 Annual Report 2021-22 114

Competition Commission of India Shri Ashok Kumar Gupta, Chairperson, CCI, and Mr Kazuyuki Furuya, Chairperson, JFTC, signing the Memorandum on Cooperation on August 06, 2021 Shri Ashok Kumar Gupta, Chairperson, CCI along with the heads of BRICS Competition Authorities during the VII BRICS ICC 2021 hosted by SAMR China from November 16-17, 2021 Dr. Sangeeta Verma, Member, CCI during the CCI-CII Annual Conference on ‘Competition Law and Practice’ held virtually on December 10-11, 2021 115 Annual Report 2021-22

Competition Commission of India Shri Bhagwant Singh Bishnoi, Member, CCI during the CCI-CII Annual Conference on ‘Competition Law and Practice’ held virtually on December, 10-11 2021 Shri Ashok Kumar Gupta, Chairperson, CCI giving his opening remarks, and Ms. Jyoti Jindgar Bhanot, Adviser (Economics), along with other panelists during the 4th EU-India Competition Week, organised virtually on December 13–14, 2021 Shri Nandan M. Nilekani delivering the keynote address during the Workshop on “Startup Ecosystem and Competition” organised by Competition Commission of India virtually on February 4, 2022 Annual Report 2021-22 116

Competition Commission of India Shri Ashok Kumar Gupta, Chairperson, CCI, during the signing of Memorandum of understanding between Competition Commission of India and Competition Commission of Mauritius held virtually on February 23, 2022 Shri Neelkanth Mishra, Member, Economic Advisory Council to the Prime Minister (EACPM) delivering the Keynote address at the National Conference on Economic of Competition Law held virtually on March 04, 2022. 117 Annual Report 2021-22

Competition Commission of India FEW CCI PUBLICATIONS…… Annual Report 2021-22 118



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