Recalibrating Enforcement: India’s Emerging Settlement And Commitment Framework Under The Competition Act

In a notable shift toward efficiency and pragmatism, the Competition Commission of India (CCI) has recently implemented a Settlement and Commitment (S&C) Framework. This mechanism provides companies with an opportunity to conclude inquiries pertaining to non- cartel enforcement cases without undergoing a full trial. Non-cartel enforcement cases involve violations of competition law beyond price-fixing and market allocation, such as abuse of dominant position or anti-competitive agreements that do not constitute a cartel. Introduced in March 2024, this framework is a step towards creating a more cooperative and timely approach to competition law enforcement in India. One year into its implementation, the CCI passed its first settlement order in the much-followed Google TV case, opening the door for further evolution of this new enforcement strategy.