The Fate Of Individuals Under The Leniency Program In India: A Dubious Question

The leniency regime in India is embodied under Section 46 ¹of the Competition Act, 2002 (Act) and the procedure is laid down under the Competition Commission of India (Lesser Penalty) Regulations, 2009 ²(Lesser Penalty Regulations).

A leniency program is devised to detect cartels. It is a program, where a participant, independently of other undertakings involved in the cartel, voluntarily provides information and evidence regarding the participants knowledge of, and role in (either before an investigation has begun or after), the cartel in return of which the participant receives lenient treatment in the form of reduced fines and/or criminal sanctions (the competition regime in India does not envisage criminal sanctions). A Leniency program significantly reduces the difficulty, time and administrative cost of a competition authority of collecting intelligence and evidence of cartel infringements. The effect of leniency also leads to cartels breaking down earlier than