The Curious Case Of Leniency Under The Competition Act, 2002 In India

The leniency regime/ program in India has been active since the enforcement of the Competition Act, 2002 (Act) in May 2009. However, it is since 2017 that there have been various final orders in leniency matters which shed light on the way the Competition Commission of India (CCI/ Commission) interprets the leniency provisions contained in the Act as well as the Competition Commission of India (Lesser Penalty) Regulations, 2009¹ (Lesser Penalty Regulations).

The Lesser Penalty Regulations, in line with the global anti-trust jurisprudence aim to provide benefit, in terms of lesser penalty to Applicants who come forward and report anti-competitive practices (cartels) to the CCI. As per the Regulations², the CCI has the discretion to award lesser penalty of upto 100% to the first applicant, upto 50% to the second applicant and upto 30% to the third and all subsequent applicant(s).