Sections 57 to 59 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 57, 58 and 59 of the Competition Act, 2002 protect information given to the Commission, define the status of those who work for it and the Appellate Tribunal, and protect them from suits for things done in good faith. The Competition (Amendment) Act, 2023 does not touch any of them.
Information about an enterprise obtained by the Commission or the Appellate Tribunal cannot be disclosed without the enterprise's previous written permission, except in compliance with or for the purposes of the Act or any other law in force. Commission and Tribunal staff are deemed public servants under the Indian Penal Code as named in the section. No suit, prosecution or other legal proceedings lie for anything done, or intended to be done, in good faith under the Act.
How this article reads the Act
This article follows the consolidated text of the Act published by the Competition Commission of India (amendments shown up to the Finance Act, 2017), read with the Competition (Amendment) Act, 2023 as published in the Gazette of India on 11 April 2023. The 2023 Act does not touch Sections 57, 58 or 59, so the text below is as printed, with no before-and-after to show. The Indian Penal Code is named in Section 58 as printed; check the current law for the corresponding provision. No commencement date is given. If you are about to hand over commercially sensitive material to the Commission, our legal consultation team can help you plan the confidentiality request.
Section 57: restriction on disclosure of information
"No information relating to any enterprise, being an information which has been obtained by or on behalf of the Commission or the Appellate Tribunal for the purposes of this Act, shall, without the previous permission in writing of the enterprise, be disclosed otherwise than in compliance with or for the purposes of this Act or any other law for the time being in force."
The words "the Commission or the Appellate Tribunal" were substituted in 2007 for "the Commission", per the printed footnote; this article does not go into the earlier text.
How the rule works:
- What is protected. Information "relating to any enterprise" that the Commission or the Tribunal obtained, or that was obtained on their behalf, for the purposes of the Act. This covers material gathered by the Director General on the Commission's behalf.
- The default. No disclosure without the enterprise's previous permission in writing.
- The exceptions. Disclosure "in compliance with or for the purposes of this Act or any other law for the time being in force". The second exception is wide; it means that if another law requires disclosure, Section 57 does not stand in the way. The sources do not list those laws.
- Who is bound. The text is impersonal. It does not say who commits a breach or what the penalty is, and the sources contain no penalty for it.
Section 57 is cross-referred to in the 2024 Settlement and Commitment Regulations, which, as printed, say that requests for confidentiality are considered in accordance with the 2009 General Regulations read with Section 57. Regulation 57 of the General Regulations, 2024 repeals the 2009 regulations and deems a reference to them to be a reference to the corresponding provisions of the 2024 regulations; this article does not map old numbers to new ones. For the 2024 instruments see Settlement and General Regulations.
Section 58: public servants
The heading is "Chairperson, Members, Director General, Secretary, officers and other employees, etc., to be public servants". The text reads: "The Chairperson and other Members and the Director General, Additional, Joint, Deputy or Assistant Directors General and Secretary and officers and other employees of the Commission and the Chairperson, Members, officers and other employees of the Appellate Tribunal shall be deemed, while acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860)."
Two points. The words "while acting or purporting to act" cover acts that were wrongly done as well as right ones, if done under cover of the Act. And the Indian Penal Code section is quoted as printed; check the current law on the definition of a public servant.
Section 59: protection of action taken in good faith
"No suit, prosecution or other legal proceedings shall lie against the Central Government or Commission or any officer of the Central Government or the Chairperson or any Member or the Director-General, Additional, Joint, Deputy or Assistant Directors General or the Secretary or officers or other employees of the Commission or the Chairperson, Members, officers and other employees of the Appellate Tribunal for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder."
Key phrases: "in good faith" is the test; "done or intended to be done" extends to acts not yet carried out; and the protection covers the Central Government and its officers as well as the Commission and the Tribunal. The sources do not define good faith and this article does not either.
How the three sections work together
| Section | What it does | Who it protects or binds |
|---|---|---|
| 57 | Restricts disclosure of enterprise information without written permission | Protects enterprises; binds those who hold the information |
| 58 | Deems Commission and Tribunal staff to be public servants while acting under the Act | Applies to the Chairperson, Members, Director General and staff of the Commission, and Chairperson, Members, officers and employees of the Tribunal |
| 59 | Bars suits, prosecutions and other proceedings for good-faith acts | Protects the Central Government, its officers, the Commission, the Tribunal and their staff |
The combined effect is a balance. The Act gives the Commission broad powers to obtain information (see the Director General's powers in Section 41), and Section 57 keeps that information protected; Section 58 holds officials to the standards of public servants; Section 59 protects them from claims for acts done in good faith.
What the 2023 Amendment Act changed
Nothing in Sections 57, 58 and 59. The Competition (Amendment) Act, 2023 does not mention them.
Who this affects
Enterprises giving information to the Commission, informants, other parties to an inquiry who see parts of the record, and anyone considering a claim against an officer of the Commission for an act done in connection with the Act. The 2024 General Regulations deal with how confidentiality is requested: see our overview.
Practical example
Orchard Beverages Ltd (invented) gives the Director General a customer list during an investigation and asks that it be kept confidential. Under Section 57, the Commission cannot disclose it without Orchard's previous written permission, unless disclosure is in compliance with or for the purposes of the Act or another law. If a competitor sues an officer for having used the list to carry out the investigation, Section 59 bars the suit if the act was done in good faith under the Act.
Need help protecting sensitive information in a Commission process?
Marking material as confidential, giving reasons and keeping a record of what was shared is part of the work. Our legal consultation team can help prepare such requests and review what you are asked to hand over. For related background, read about trade secret protection in India.
Key takeaways
- Information about an enterprise obtained for the purposes of the Act is not to be disclosed without its previous written permission, except as the Act or another law requires.
- Commission and Tribunal staff are deemed public servants while acting under the Act.
- Good-faith acts under the Act, rules and regulations are protected from suits, prosecutions and other proceedings.
- The 2023 Act does not change these sections.
Read next
- Sections 54 to 56: exemption, policy directions and supersession
- Sections 59A to 62: compounding, overriding effect and civil court bar
- Section 41: Director General, investigation, search and seizure
- Filing, inquiry and confidentiality under the CCI General Regulations, 2024
Disclaimer: Based on the consolidated text of the Competition Act, 2002 published by the Competition Commission of India (amendments shown up to the Finance Act, 2017), read with the Competition (Amendment) Act, 2023 as published in the Gazette of India on 11 April 2023, and on the regulations and guidelines of the Commission as notified in 2024, as consulted on 2 October 2026. Commencement notifications, notified thresholds, rules and later amendments should be checked. This article is general information, not legal advice; check the official text before acting.