CCI Introduces Leniency "Plus" Regime In India - Will It Suffice?

India's fair market watchdog, Competition Commission of India ("CCI"), after due consultations, has finally notified the "leniency plus" mechanism to further strengthen cartel detecting framework in India.

CCI, in exercise of its powers underpowers conferred by sub- section (1) and clauses (ga),(gb) and (gc) of sub-section (2) of section 64, read with section 46 and clause (b) of section 27 of the Competition Act, 2002 (12 of 2003) ( "the Act") , has notified the Competition Commission of India (Lesser Penalty) Regulations, 2024 ("2024 Regulations") through a Gazette Notification dated 20 February 2024.

Under the 2024 Regulations, the leniency plus facility has been introduced to provide a leniency applicant ("existing applicant") of an existing cartel, an incentive to share information about a second cartel that is not known to the CCI. Under this facility an existing leniency applicant will get an additional reduction in monetary penalty up to 30% of