Regulation 3 - Application for settlement - CCI (Settlement) Regulations, 2024

3. Application for settlement. - (1) A Settlement Applicant may make a Settlement Application to the Commission in writing, accompanied by such fee as provided under sub-regulation (1) of regulation 9 , containing the information as specified below: a) name, legal status (company or firm or LLP or trust, etc.), registration number (if applicable), contact details including complete registered address, principal business address (with area code, city and country), mobile/ telephone number, email and website address (if any) of the Settlement Applicant. b) name of the authorised representative(s) of the Settlement Applicant and their contact details including complete business address, telephone number and email. c) proof of payment of fees to the Commission under regulation 9 . d) details of the findings of the Director General in relation to the Settlement Applicant in the investigation report received under sub-section (4) of section 26 of the Act. e) full and true disclosure of facts in respect of the alleged contraventions and the findings of the Director General. f) details of the proposal for settlement including as to how the same addresses the alleged contraventions, competition concerns and the manner of implementation and monitoring thereof. g) whether the Settlement Applicant, has previously been found to have contravened any provision of the Act or whether any proceeding against the Settlement Applicant is pending for any alleged violation of the provisions of the Act or whether the Settlement Applicant has in the past made any settlement or commitment application(s). If so, the details thereof. h) details of nature, gravity and impact of the alleged contraventions and the duration of the enterprise s involvement in the alleged contraventions. i) a summary, not containing any confidential information, comprising of prima facie opinion of the Commission expressed in the order issued under sub-section (1) of section 26 of the Act, findings of the Director General in the investigation report received under sub-section (4) of section 26 of the Act along with details of the competition concerns, alleged contraventions, duly capturing settlement proposal offered by the Settlement Applicant and how they address the competition concerns. j) details of other competition authorities, for a or courts, if any, which have examined or are currently examining the alleged contraventions including those where the Settlement Applicant has filed commitment and / or settlement applications. k) undertakings and waivers as per Schedule I . l) any other information that may assist the Commission in determining the terms of the settlement and the Settlement Amount having due regard to the factors specified under regulation 8 . (2) The Settlement Application under sub-regulation (1) may be submitted after the receipt of the report of the Director General or confidential version thereof, if applicable, by the Settlement Applicant under sub-section (4) of section 26 of the Act. Provided that a Settlement Application shall not be entertained by the Commission if it is made after expiry of 45 (forty five) days from the receipt of report of the Director General or confidential version thereof, if applicable, by the Settlement Applicant. Provided further that the Commission may entertain a Settlement Application after the period specified above, if the Settlement Application is received within a further period of 30 (thirty) days and the Commission is satisfied that there had been sufficient cause for not filing the same within the specified period after recording reasons for condoning such delay. (3) Where Settlement Application is incomplete in any respect or does not conform to the requirements of these regulations, the Settlement Applicant may be asked to remove such defect(s) or furnish the required information including document(s). The Settlement Applicant shall rectify such defects or furnish the required information including document(s) within 10 (ten) working days of the receipt of communication or such other period as may be specified by the Commission, failing which the Settlement Application may be treated as invalid. (4) A Settlement Application may be withdrawn by the Settlement Applicant at any time prior to the passing of an order by the Commission under regulation 4 . (5) No application for settlement of any proceedings shall be considered, a) if the Settlement Application does not cover all the contraventions found by the Director General in its investigation report under sub-section (4) of section 26 of the Act. b) if any amount due under the Act is liable for recovery from the Settlement Applicant.