Understanding Of Cartel Leniency | A Recommended Must In The Antitrust Compliance Program

Like the developed competition law jurisdictions, the Competition Commission of India (CCI) has over the last few years come down heavily on cartelisation in terms of investigation and penalty. Till date, the maximum penalty of INR 63.2 billion imposed by the CCI has been in case of cement cartelisation (Case no. 29 of 2010). Apart from the exposure to a substantial penalty, corporates have started to fear reputational damage that could ensue from adverse publicity of search and seizure exercise, which have been actively conducted by Director General (DG) in such cases.

Not just the corporates, but individuals involved in such anti-competitive activities or those controlling the affairs of such corporates are exposed to the risk of being penalised and subject to reputational harm. It is not uncommon that employees (including those which are at managerial positions) intentionally or unintentionally indulge in dealings and discussions which contribute towards