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ARTICLE · 09 JANUARY 2023

Settlements & Commitments – A Welcome Step Under The Competition (Amendment) Bill, 2022

AZB & Partners
AZB & Partners
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AZB & Partners

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The Competition (Amendment) Bill, 2022 (‘Bill')[1] introduces key provisions that allow parties to offer settlements or commitments to address potential concerns arising from their conduct...

IndiaAntitrust/Competition Law

Introduction

The Competition (Amendment) Bill, 2022 ('Bill')1 introduces key provisions that allow parties to offer settlements or commitments to address potential concerns arising from their conduct / practices, at different stages of the inquiry. Commitments or settlements can be offered for both cases concerning anti-competitive vertical agreements and abuse of dominant position, but not cartelization. Having been tested in more mature jurisdictions, such as the European Union and United Kingdom, these effective antitrust enforcement tools are essential to efficiently utilize the Competition Commission of India's ('CCI') resources that are expended on protracted and long-drawn investigations/appeals.

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