The CCI’s allocation of scarce resources in Section 26(2) matters

The Competition Commission of India (CCI) operates under significant capacity constraints, with nearly half its sanctioned posts vacant and a growing backlog of pending cases. The efficiency with which it allocates scarce resources in its thresholdstage screening function under Section 26(2) of the Competition Act, 2002 therefore assumes considerable importance. We analyse a sample of 111 Section 26(2) orders issued between 2014 and 2024, interview practitioners and CCI officials, and survey screening practices across six jurisdictions. We find that approximately 42% of the orders in our dataset arise from “peripheral matters”, that is, complaints falling outside competition law’s scope or unsupported by evidence, which are nonetheless processed through the same institutional procedures as substantive complaints, with a median disposal time of 30 days. Werecommend a layered approach, including clearer public guidance, guided digital filing mechanisms, AI-assisted review tools, and statutory prioritisation frameworks, to improve resource allocation while preserving access to competition law enforcement.

CITATION

Natasha Aggarwal, Amol Kulkarni, Shruti Aji Murali, Bhavin Patel, Vishnu Suresh, 2026. “https://ideas.repec.org/p/bjd/wpaper/20.html,”Working Papers 20, Trustbridge Rule of Law Foundation.

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