Regulation 2 - Definitions - CCI (Lesser Penalty) Regulations, 2024

DEFINITIONS 2. (1) In these regulations, unless the context otherwise requires, (a) Act means the Competition Act, 2002 (12 of 2003) as amended from time to time; (b) admission means statement or submission by a party that it has 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 provided by the applicant in Schedule I and Schedule II of these regulations, including the material available with the Commission or the Director General, which enables the Commission to form a prima facie opinion under sub section (1) of section 26 of the Act; (i) party includes an enterprise or person defined in clauses (h) and (l) of section 2 of the Act, respectively, against whom inquiry or proceeding is instituted and shall include the Central Government, any State Government or any statutory authority and shall also include any person permitted to join the proceedings; (j) priority status means the position of the applicant marked for giving the benefit of lesser penalty or lesser penalty plus in the queue of the applicants; (k) vital disclosure means full and true disclosure of information or evidence by the applicant to the Commission, which is sufficient to enable the Commission to form a prima facie opinion about the existence of a cartel or which helps to establish the contravention of the provisions of section 3 of the Act. (2) Words and expressions used but not defined in these regulations shall have the same meanings respectively as assigned to them in the Act or the rules or regulations framed thereunder or in the Companies Act, 2013 (18 of 2013) .