TMI BlogCompetition Commission of India (Lesser Penalty) Regulations, 2024X X X X Extracts X X X X X X X X Extracts X X X X ..... s indulged in the alleged violation of the provisions of Section 3 of the Act; (c) applicant means an enterprise, as defined in clause (h) of section 2 of the Act, who is or was a member of a cartel and includes an individual who has been involved in the cartel on behalf of an enterprise; and further includes an enterprise or association of enterprises or a person or association of persons, though not engaged in identical or similar trade if it participates or intends to participate in furtherance of such cartel and submits an application for lesser penalty and/or lesser penalty plus to the Commission; (d) cartel means a cartel as defined in clause (c) of section 2 of the Act; (e) Commission means the Competition Commission of India established under sub-section (1) of section 7 of the Act; (f) designated authority means an officer of the Commission who is authorized by the Chairperson to function as such, for the purpose of these regulations; (g) Director General means the Director General as defined in clause (g) of section 2 of the Act; (h) newly disclosed cartel means a cartel as determined by the Commission having regard to the disclosures provide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is sought by the applicant. (3) Where an applicant or its authorized representative, at the time of filing of application for lesser penalty or lesser penalty plus, as the case may be, fails to provide full and true disclosure of the information and evidence as referred and described in Schedule I or Schedule II or both or as required by the Commission from time to time, the Commission may reject its application. (4) Without prejudice to sub-regulation (1), the Commission may subject the applicant to further restrictions or conditions, as it may deem fit, after considering the facts and circumstances of the case. (5) Where an applicant or its authorized representative fails to comply with the conditions mentioned in sub-regulations (1) and (4), either before the Director General or before the Commission after receipt of the investigation report, the Commission may reject its application. (6) Before rejecting the lesser penalty or lesser penalty plus application of the applicant under this regulation, the Commission shall provide an opportunity of being heard to such applicant. (7) Notwithstanding rejection of application in terms of sub-regulations (3) or (5) above, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enefit of reduction in penalty on making a disclosure by submitting evidence, which in the opinion of the Commission, provides significant added value to the evidence already in possession of the Commission or the Director General, as the case may be, to establish the existence of the cartel, which is alleged to have contravened the provisions of section 3 of the Act. Explanation For the purposes of these regulations, significant added value means the extent to which the evidence provided enhances the ability of the Commission or the Director General, as the case may be, to establish the existence of a cartel, which is alleged to have contravened the provisions of section 3 of the Act. (c) The reduction in monetary penalty referred to in clause (b) shall be in the following order (i) the applicant and individual(s) mentioned in sub-regulation (2) of regulation 3 marked as second in the priority status may be granted reduction of monetary penalty up to or equal to fifty percent of the penalty imposed; and (ii) the applicant and individual(s) mentioned in sub-regulation (2) of regulation 3 marked as third or subsequent in the priority status may be granted reduction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion or the Director General without lesser penalty plus application, and b) any other factor deemed relevant by the Commission. PROCEDURE FOR GRANT OF LESSER PENALTY 6. (1) For the purpose of grant of lesser penalty, the applicant or its authorized representative may make an application containing all the material information as specified in the Schedule I of these regulations, or may intimate in writing either in person or through e-mail or fax, to the designated authority, for furnishing the information and evidence relating to the existence of a cartel. The designated authority shall, thereafter, within ten working days, put up the matter before the Commission for its consideration. Provided that an application under sub regulation (1) of regulation 6 for grant of lesser penalty can be made at any time during inquiry but not after the report of investigation directed under section 26 of the Act has been received by the Commission. (2) The date and time of receipt of the application by the Commission shall be the date and time as recorded by the designated authority or as recorded on the server or the facsimile transmission machine of the designated authority. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r General under section 26 of the Act in the first cartel by the Commission. Provided further that in case of more than one applicant for lesser penalty plus in respect of a newly disclosed cartel, the Commission shall not examine the application of the next or subsequent applicant(s) for grant of the lesser penalty plus, unless the application of the first lesser penalty plus applicant has been rejected by the Commission. (2) The date and time of receipt of the application by the Commission shall be the date and time as recorded by the designated authority or as recorded on the server or the facsimile transmission machine of the designated authority. (3) The Commission shall thereupon mark the priority status of the applicant, for lesser penalty plus in respect of the first cartel, and simultaneously for lesser penalty in respect of the newly disclosed cartel, and the designated authority shall convey to the applicant through post or e-mail or fax that the appropriate priority status has been marked , and that it shall not entitle the applicant for grant of lesser penalty plus and/or lesser penalty merely on that basis. (4) If only an intimation is received under su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in writing and after taking prior approval of the Commission. (2) Except submissions made before the Commission under regulations 6 and 7 above within a period of fifteen days or during the further period as may be extended by the Commission, confidentiality of all further submissions made by the lesser penalty and/ or lesser penalty plus applicant before the Director General shall be governed in terms of provisions of regulation 35 of Competition Commission of India (General) Regulations, 2009. INSPECTION AND CERTIFIED COPIES OF DOCUMENTS 9. (1) Notwithstanding the confidentiality under regulation 8, the provisions of sub- regulations (1), (3) and (4) of regulation 37 and the provisions of regulation 50 of the Competition Commission of India (General) Regulations, 2009, to the extent it relates to inspection and grant of certified copies, shall become applicable to the non-confidential version of the information, documents and evidence furnished by the applicant under regulation 6, after the Commission forwards a copy of the report containing the findings of the Director General to the party concerned. (2) Notwithstanding the confidentiality under regulation 8, the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ations have never been repealed; (c) after the repeal of the Competition Commission of India (Lesser Penalty) Regulations, 2009, any reference thereto including in any regulations, direction or decision issued by the Commission shall be deemed to be a reference to the corresponding provisions of these regulations. SCHEDULE I CONTENTS OF THE APPLICATION [ See sub-regulations (1) and (4) of regulation 6 ] The application for lesser penalty shall, inter alia, include the following, namely: - (a) name, email, contact number and address of the applicant or its authorized representative as well as of all other enterprises in the cartel; (b) in case the applicant is based outside India, the address of the applicant in India for communication including the telephone numbers and the e- mail address, etc.; (c) a detailed description of the alleged cartel arrangement, including its aims and objectives and the details of activities and functions carried out for securing such aims and objectives; (d) the role of the applicant in the cartel and admission in terms of sub-regulation (1)(b) to regulation 2; (e) the goods or services involved; (f) the geographic ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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