6 - Methodology for Determination of Monetary penalty under section 43A of the Act - CCI (Determination Of Monetary Penalty) Guidelines, 2024

CHAPTER V METHODOLOGY FOR DETERMINATION OF MONETARY PENALTY UNDER SECTION 43A OF THE ACT 6 . (1) The Commission may levy penalty on a person or enterprise who fails to give notice of combination under sub-section (2) or sub-section (4) of Section 6 of the Act or contravenes sub-section (2A) of Section 6 of the Act or submits information pursuant to an inquiry under sub-section (1) of Section 20 of the Act, which may extend to one percent of the total turnover or assets or the value of transaction referred to in clause (d) of Section 5 of the Act, whichever is higher, of such a combination. (2) The Commission, while determining the amount of penalty to be imposed under Section 43A of the Act, may have due regard to all or any of the following factors, namely: - a. consummation or part consummation of combination without giving notice; b. violation of standstill obligations (substantive or procedural) prior to or after filing notice with the Commission under Section 6(2A) of the Act; c. non-furnishing of information during an inquiry under Section 20(1) of the Act; d. voluntary filing of notice with the Commission; e. conduct of the parties including making voluntary disclosures, cooperation during the inquiry, furnishing all requisite material or documents in response to the information sought by the Commission; and/ or f. any other factor which the Commission may deem appropriate in the facts and circumstances of each case.