Sections 7-9 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 7, 8 and 9 of the Competition Act, 2002 establish the Competition Commission of India, say how many Members it has and what qualifies a person to be one, and set up a Selection Committee that recommends a panel of names to the Central Government. The Competition (Amendment) Act, 2023 makes two small additions: the word "technology" is added to the fields of experience listed in Section 8(2) and in the expert clause of Section 9(1).
As per 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 Commission is a body corporate with perpetual succession; it has a Chairperson and not less than two and not more than six other Members, all whole-time, each with not less than fifteen years of experience in the listed fields. The 2023 Act adds "technology" to those fields in Sections 8(2) and 9(1)(d). The 2023 change applies from the date notified for that provision; the notification is not in the sources consulted and should be checked.
Section 7: establishment of the Commission
Section 7(1) reads: "With effect from such date as the Central Government may, by notification, appoint, there shall be established, for the purposes of this Act, a Commission to be called the 'Competition Commission of India'." No date is printed in the Act, and we give none.
Section 7(2) says the Commission "shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued." Section 7(3) provides that the head office "shall be at such place as the Government may decide from time to time", and Section 7(4) that the Commission "may establish offices at other places in India". The 2023 Act does not amend Section 7.
For what the Commission does, see our general guides on the powers of the CCI and on its powers, procedure and enforcement, and our article on Section 18 for its statutory duties. If you need to work out which of those powers bears on a notice you have received, a legal consultation is a sensible first step.
Section 8: composition and qualifications
The consolidated text prints Section 8 as substituted by the Competition (Amendment) Act, 2007 (the earlier text allowed up to ten other Members; we state this as a single history line and not as the rule).
- Section 8(1): the Commission "shall consist of a Chairperson and not less than two and not more than six other Members to be appointed by the Central Government."
- Section 8(2): the Chairperson and every other Member "shall be a person of ability, integrity and standing and who has special knowledge of, and such professional experience of not less than fifteen years in, international trade, economics, business, commerce, law, finance, accountancy, management, industry, public affairs or competition matters, including competition law and policy, which in the opinion of the Central Government, may be useful to the Commission."
- Section 8(3): the Chairperson and other Members "shall be whole-time Members."
The 2023 Act (its Section 9) directs that in sub-section (2), after the word "industry,", the word "technology," shall be inserted. So the list of fields now reads "management, industry, technology, public affairs or competition matters". The fifteen-year experience requirement and the Central Government's opinion on usefulness are unchanged.
Example. Dr. Meera Kulkarni has sixteen years of professional experience in the technology industry and special knowledge of how digital markets work. Under the amended list, "technology" is a named field. Whether she qualifies still depends on ability, integrity and standing and on the opinion of the Central Government that her knowledge may be useful to the Commission.
The consolidated text lays out Section 8 within brackets with footnote marks; the footnote repeats the earlier wording of the section. We have read the bracketed text.
Section 9: the Selection Committee
The consolidated text heads this section "Selection Committee for Chairperson and Members of Commission". Section 9(1) says the Chairperson and other Members "shall be appointed by the Central Government from a panel of names recommended by a Selection Committee consisting of" four classes of person.
| Clause | Member of the Selection Committee | Role |
|---|---|---|
| (a) | The Chief Justice of India or his nominee | Chairperson |
| (b) | The Secretary in the Ministry of Corporate Affairs | Member |
| (c) | The Secretary in the Ministry of Law and Justice | Member |
| (d) | Two experts of repute who have special knowledge of, and professional experience in, international trade, economics, business, commerce, law, finance, accountancy, management, industry, public affairs or competition matters including competition law and policy | Members |
The consolidated text prints the clauses as "a)", "b)", "c)" and "d)" without opening brackets; we use the lettering as printed. The 2023 Act (its Section 10) directs that in clause (d) of sub-section (1), after the word "industry,", the word "technology," shall be inserted. As amended, the experts' fields include technology.
Section 9(2) says: "The term of the Selection Committee and the manner of selection of panel of names shall be such as may be prescribed." The term and the manner are therefore left to rules, which are not in the sources consulted, and we give no detail of them.
What the 2023 Amendment Act changed
| Section | Before (consolidated text) | After (2023 Act) |
|---|---|---|
| 7 | As printed | Not changed |
| 8(1) | Chairperson and two to six other Members | Not changed |
| 8(2) | Fields of experience end "management, industry, public affairs or competition matters" | "management, industry, technology, public affairs or competition matters" |
| 8(3) | Whole-time Members | Not changed |
| 9(1)(d) | Experts' fields "industry, public affairs..." | "industry, technology, public affairs..." |
| 9(2) | Term and manner as may be prescribed | Not changed |
Why composition matters to a business
The Commission acts through its Members: for instance, orders under the Act are passed by the Commission and its quorum is dealt with in Section 22, which our article on Sections 18 and 22 covers. A business facing a notice should know who forms the Commission and that Members cannot take up employment with certain parties for a period after they cease to hold office; that rule is in Section 12 and is explained in our article on Sections 12 to 15. The term of office, resignation and removal of Members are in Sections 10 and 11, covered in our article on term of office and removal. Section 1 and Section 2 define "Chairperson", "Commission" and "Member" by reference to Sections 7 and 9; see our article on the terms that name the Commission.
Need help understanding who decides your matter?
If you are facing an inquiry or planning a filing and want to understand how the Commission is constituted and how it acts, a legal consultation can set out the structure and the provisions that apply to your case.
Key takeaways
- The Commission is a body corporate with perpetual succession, established from a date notified by the Central Government.
- It has a Chairperson and not less than two and not more than six other Members, all whole-time.
- Members need not less than fifteen years of experience in the listed fields; "technology" is added by the 2023 Act.
- A Selection Committee of the Chief Justice of India or nominee, two Secretaries and two experts recommends a panel of names.
- The 2023 change applies from the date notified for that provision; the notification is not in the sources consulted and should be checked.
Read next
- Term of office, resignation and removal of Members
- Post-office restrictions, administrative powers and service terms
- Director General, Secretary, experts and staff
- CCI: Competition Commission of India powers
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.