Regulation 3 - Conditions for lesser penalty or lesser penalty plus - CCI (Lesser Penalty) Regulations, 2024

CONDITIONS FOR LESSER PENALTY OR LESSER PENALTY PLUS 3. (1) An applicant, seeking the benefit of lesser penalty or lesser penalty plus under section 46 of the Act, shall- (a) cease to have further participation in the cartel from the time of its disclosure unless otherwise directed by the Commission; (b) provide vital disclosure in respect of alleged contravention of the provisions of section 3 of the Act; (c) provide all relevant information, documents and evidence as may be required by the Commission; (d) co-operate genuinely, fully, continuously and expeditiously throughout the investigation and other proceedings before the Commission; (e) not conceal, destroy, manipulate or remove the relevant documents in any manner that may contribute to the establishment of a cartel; and (f) not give any false evidence or omit to submit any material information knowing it to be material. (2) The applicant shall provide the names of the individuals who have been involved in the cartel on its behalf and for whom lesser penalty or lesser penalty plus, as the case may be, 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, the Commission or the Director General shall be free to use the information, documents and evidence submitted by the applicant, in the ongoing matter, in accordance with the provisions of section 46 of the Act. (8) Upon rejection of application in terms of sub-regulations (3) or (5) above, the applicant may be subjected to inquiry for the contravention. (9) The discretion of the Commission, in regard to reduction in monetary penalty under these regulations, shall be exercised having due regard to (a) the stage at which the applicant comes forward with the disclosure; (b) the evidence already in possession of the Commission; (c) the quality of the information provided by the applicant; (d) fulfilment of conditions specified in sub-regulation (1) and (4) above; and (e) the entire facts and circumstances of the case.