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1 results

  • 13 - The Leniency Programme under the Indian Competition Law

  • from Part III - Leniency Programmes in Selected Asian Jurisdictions
  • Edited by Steven Van Uytsel, Mark Fenwick, Yoshiteru Uemura
  • Book:
    Leniency in Asian Competition Law
    Published online:
    15 September 2022
    Print publication:
    22 September 2022, pp 331-354

  • Summary

    This chapter on India suggests that the Indian Competition Act of 2002 already had the possibility to offer lenient treatment to a firm that reports the existence of a cartel. However, the details for offering lenient treatment were only elaborated for the first time in 2009, in the Lesser Penalty Regulation. A revision followed in 2017. This resulted in a mere thirteen decisions of the Competition Commission of India (CCI) supported by the leniency programme. This low number may be explained by the discretion the CCI has to judge leniency applications and the uncertainty leniency applicants face in relation to damages claims. The chapter recommends addressing these issues, but also increasing the incentives to apply for leniency by introducing individualised sanctions to directors or immunising successful leniency applicants from debarment from procurement projects. Another recommendation is to avoid creating other pitfalls when the Competition Act is being amended.