Chapter IV - Duties, Powers and Functions of Commission
Section 33
Section 33: power to issue interim orders
During an inquiry, Section 33 allows CCI to temporarily restrain a party from specified continuing or imminent conduct under Sections 3, 4 or 6. The temporary order lasts until the inquiry ends or further orders are made.
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Need advice on Section 33?
This article is for general information. Refer to the Competition Act, 2002 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
Where during an inquiry, the Commission is satisfied that an act in contravention of sub-section (1) of section 3 or sub-section (1) of section 4 or section 6 has been committed and continues to be committed or that such act is about to be committed, the Commission may, by order, temporarily restrain any party from carrying on such act until the conclusion of such inquiry or until further orders, without giving notice to such party, where it deems it necessary.
Introduction
This is an interim protective power during an existing inquiry. It concerns a continuing or imminent act and does not itself state the final outcome of the competition case.
Key takeaways
Inquiry context
The power is available during an inquiry concerning Sections 3(1), 4(1) or 6.
Conduct threshold
CCI must be satisfied that the alleged contravening act continues or is about to be committed.
Temporary restraint
The order operates until the inquiry concludes or further orders, and may be made without notice where CCI deems it necessary.
Identify the underlying prohibition
Establish whether the inquiry concerns an anti-competitive agreement, abuse of dominance or combination under the referenced sections.
Assess whether the act is continuing or imminent
Section 33 links interim restraint to conduct that continues or is about to occur. Preserve dated evidence of the conduct, planned steps and potential competitive impact.
Understand the duration and notice point
The order can be made without giving the party notice where CCI deems that necessary. It lasts until the inquiry ends or a further order changes it.
Practical checklist
Do
- Record the dates and status of any ongoing agreement, pricing practice or transaction action under inquiry.
- Review the scope and duration of an actual CCI interim order before taking the restrained step.
Avoid
- Do not treat a temporary restraint as a final finding of infringement.
- Do not assume prior notice is guaranteed under this section.
Glossary
- Interim order
- A temporary order made during an inquiry, pending its conclusion or a further order.
- Without notice
- The section permits CCI to make the temporary restraint without giving notice to the party where it deems this necessary.
Frequently asked questions
Can CCI restrain conduct before its inquiry finishes?
Yes, if Section 33's conditions are satisfied, the Commission may temporarily restrain the act until the inquiry concludes or further orders.
Does CCI always have to notify the party first?
No. Section 33 expressly permits an order without notice where the Commission deems it necessary.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026