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ARTICLE · 20 MARCH 2024

CCI's 'Whistleblower' Mechanism To Trace Cartels

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In a significant stride to strengthen the existing "whistleblower" mechanism, the Competition Commission of India (CCI) has notified The Competition Commission of India (Lesser Penalty)...

IndiaAntitrust/Competition Law
Rupin Chopra
Rupin Chopra
Apalka Bareja
Apalka Bareja
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In a significant stride to strengthen the existing "whistleblower" mechanism, the Competition Commission of India (CCI) has notified The Competition Commission of India (Lesser Penalty) Regulations, 2024 which introduces the concept of "lesser penalty plus" regime. The lesser penalty plus regime incentivizes the whistleblowers to come forward and disclose full, true and vital information to the CCI about the existence of another cartel in the ecosystem, which is unknown to the CCI. The regulation was implemented after the draft regulation was circulated for feedback in November, 2023. This article scrutinizes the leniency policy of India, explores the necessity for the leniency plus regime, delves into the leniency policy of USA and provides a comparative analysis of leniency policies of India & USA.

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