Insights
Regulations for commitments, settlements and determination of turnover, along with guidelines for penalty computation come into force
March 7, 2024On 6 March 2024, the Government of India notified provisions relating to commitments, settlements and the determination of penalties, and the Competition Commission of India (CCI) has now issued the following implementing regulations and guidelines.
- the Competition Commission of India (Commitment) Regulations, 2024 (Commitment Regulations);
- the Competition Commission of India (Settlement) Regulations, 2024 (Settlement Regulations);
- the Competition Commission of India (Determination of Turnover or Income) Regulations, 2024 (Turnover and Income Regulations); and
- the Competition Commission of India (Determination of Monetary Penalty) Guidelines, 2024 (Penalty Guidelines).
With the notification of the Commitment Regulations and the Settlement Regulations, the commitment and settlement regimes introduced by way of the Competition (Amendment) Act, 2023 are now in force. These regulations provide the mechanism for parties to offer commitments and settlements in cases concerning anti-competitive vertical agreements and abuse of dominance, which aim to facilitate expeditious resolution of non-cartel cases before the CCI.
The Turnover and Income Regulations set out the parameters for calculation of turnover or income for enterprises for the purposes of imposition of penalties and the Penalty Guidelines set out the methodology, factors and quantum of penalty to be levied for contravention of various provisions of the Competition Act, 2002.
Some of the key aspects from these regulations and guidelines are captured below.
