COMPETITION COMMISSION OF INDIA PUBLISHES THE DRAFT LESSER PENALTY REGULATIONS

Published On: 20/10/2023

Practice Area: Competition Law

Authors:

On October 16, 2023, the Competition Commission of India published the draft Competition Commission of India (Lesser Penalty) Regulations inviting public comments till November 6, 2023. The draft Competition Commission of India (Lesser Penalty) Regulations have been published pursuant to the Competition (Amendment) Act, 2023, which inter alia introduced a ‘leniency plus’ regime. Although the Competition (Amendment) Act, 2023 introduced the ‘leniency plus’ regime, such provisions are yet to be notified as they require supporting regulations to enumerate the modalities for their implementation. As such, the draft Competition Commission of India (Lesser Penalty) Regulations, in addition to ensuring implementation of the provisions pertaining to the ‘leniency plus’ regime, will also replace the Competition Commission of India (Lesser Penalty) Regulations, 2009. INDUSLAW's Unnati Agrawal, Swapnil S, and Hrishav Kumar analyse the draft Competition Commission of India (Lesser Penalty) Regulations.