Regulation 4 - Consideration of proposal for settlement - CCI (Settlement) Regulations, 2024

4. Consideration of proposal for settlement.- (1) The Settlement Application complete in all respects in terms of regulation 3 shall be placed for consideration before the Commission in its ordinary meeting within 7 (seven) working days of receipt thereof. (2) If the Commission is prima facie not satisfied with the settlement proposal offered by the Settlement Applicant, it shall communicate to the Settlement Applicant the reasons for the same and call upon the Settlement Applicant to furnish, within 15 (fifteen) working days of the receipt of the said communication, a revised Settlement Application. (3) When the Settlement Application complete in all respects is placed for consideration before the Commission under sub-regulation (1) above, the inquiry against the Settlement Applicant shall remain in abeyance till final decision on the Settlement Application or till such time, as may be decided by the Commission. (4) While considering the proposal for settlement, the Commission shall invite objections and suggestions in terms of regulation 5 . (5) After consideration of the nature, gravity and impact of the alleged contraventions, the proposal for settlement submitted by the Settlement Applicant and the comments, objections, or suggestions received under regulation 5 , a.) the Commission may pass an order in terms of sub-section (3) of section 48A of the Act agreeing to the proposal for settlement as contained in the Settlement Application filed under sub-regulation (1) of regulation 3 or the revised Settlement Application filed under sub-regulation (2) above, as the case may be, subject to such other terms relating to manner of implementation of settlement and monitoring and close the proceedings against the Settlement Applicant forthwith. b.) if the Commission is of the opinion that the Settlement Application filed under sub-regulation (1) of regulation 3 or the revised Settlement Application filed under sub-regulation (2) above, as the case may be, are not appropriate in the circumstances, it shall by order passed in terms of sub-section (5) of section 48A of the Act, reject the Settlement Application and proceed with its inquiry under section 26 of the Act. c.) if the Commission is not satisfied with the Settlement Application, it shall within 15 (fifteen) working days after the expiry of period specified in regulation 5 , communicate to the Settlement Applicant the reasons for the same and call upon the Settlement Applicant to furnish, within 30 (thirty) days of the receipt of the said communication, a revised Settlement Application. d.) if the Commission after considering the revised Settlement Application, filed under clause (c) of this sub-regulation (5), agrees with the same, it shall pass an order in terms of sub-section (3) of section 48A of the Act agreeing to the proposal for settlement, subject to such other terms relating to manner of implementation of settlement and monitoring and close the proceedings against the Settlement Applicant forthwith. e.) if the Commission after considering the revised Settlement Application, filed under clause (c) of this sub-regulation (5), is not satisfied with the same, it shall by an order passed in terms of sub-section (5) of section 48A of the Act, reject the revised Settlement Application and proceed with its inquiry under section 26 of the Act. (6) In case the Settlement Applicant fails to submit the revised Settlement Application within the time period specified in sub-regulation (2) and clause (c) of sub-regulation (5) above, or fails to provide clarification, information, or data as sought under sub-regulation (11), the Commission shall by an order passed in terms of sub-section (5) of section 48A of the Act reject the Settlement Application and proceed with its inquiry under section 26 of the Act. (7) The Commission before passing an order in terms of sub-section (3) of section 48A of the Act shall communicate to the Settlement Applicant, the Settlement Amount computed in terms of regulation 6 and the Settlement Applicant shall communicate its acceptance of the same within 15 (fifteen) days of receipt of such communication. The Settlement Amount computed and communicated to the Settlement Applicant shall be final and any application seeking revision of the same shall not be entertained by the Commission. (8) The Settlement Applicant shall pay the Settlement Amount within a period of 30 (thirty) days from the date of acceptance thereof, whereupon the Commission shall pass an order in terms of sub-section (3) of section 48A of the Act. (9) If the Settlement Applicant fails to communicate its acceptance of the Settlement Amount within the time period prescribed in sub-regulation (7) or fails to pay the Settlement Amount within the time period prescribed in sub-regulation (8), the Commission shall by an order passed in terms of sub-section (5) of section 48A of the Act, reject the Settlement Application and proceed with its inquiry under section 26 of the Act. (10) The entire settlement proceedings shall be concluded within 180 (one hundred and eighty) working days of the receipt of the Settlement Application complete in all respect in terms of regulation 3 , failing which the inquiry under section 26 of the Act against the Settlement Applicant shall stand resumed. Provided that the Commission may extend the said period of 180 (one hundred and eighty) working days by such further period as may be specified, if deemed appropriate, for reasons to be recorded in writing. (11) The Commission may seek clarification, information, or data from the Settlement Applicant, as deemed appropriate, which shall be provided by the Settlement Applicant within the time specified by the Commission. (12) Notwithstanding the above provisions, a Settlement Application may also be rejected at any time on the following grounds: a. where the Settlement Applicant refuses to receive or respond to the communications sent by the Commission. b. where the Settlement Applicant violates in any manner or does not abide by the undertaking and waivers given as per Schedule-I. (13) The Commission shall before passing an order rejecting a Settlement Application under clause (b) and (e) of sub-regulation (5), sub-regulation (6) and sub-regulation (12) above, grant the Settlement Applicant an opportunity of being heard. (14) During the pendency of a Settlement Application, the Commission may issue interim and/or other directions to protect the interest of consumers and/or to maintain protect competition in the market and require the Settlement Applicant to comply with the same within a specified time period for consideration of the Settlement Application. (15) The rejection under this regulation shall be communicated to the Settlement Applicant: Provided that the Settlement Applicant shall continue to be bound by undertakings and waivers given as per Schedule I .