The Competition Commission of India (CCI) has released draft regulations for a "leniency-plus" regime, which will incentivise companies involved in cartels to proactively report other cartels they are part of. Under the new regulations, companies can receive a penalty reduction if they share vital information and cooperate fully with the CCI throughout the investigation.
The Competition Commission of India (CCI) has introduced draft regulations for the leniency-plus regime, which will reward companies under investigation for being part of a cartel if they proactively report other cartels they are involved in. If ratified, the CCI can reduce penalties by up to an additional 30% for a company involved in the first cartel and up to 100% for its involvement in the newly-disclosed cartel.
A Texas jury sentenced Melissa Lucio to death on July 22, 2008. Just this week, lawyers filed a petition for Commutation of Death Sentence to a Lesser Penalty or, in the Alternative, a 120-Reprieve from Execution, arguing that Lucio is factually innocent of taking her daughter, Mariah’s, life.
Leniency regime in India: The CCI’s consistently inconsistent approach May 5, 2021, 3:50 PM IST
Neelambera Sandeepan, joint partner, & Mahwash Fatima, principal associate, Lakshmikumaran & Sridharan Attorneys
In the past five years, companies have increasingly invoked and benefitted from the leniency provisions prescribed under the Competition Act, 2002 (‘Act’). Section 46 of the Act read with the Competition Commission of India (Lesser Penalty) Regulations, 2009 (‘Leniency Regulations’) comprise the leniency framework under the Indian competition law. The leniency framework empowers the CCI to grant a reduction in penalty to whistleblowers i.e., companies and its officers, participating in a cartel upon providing vital disclosures to the CCI. Such reduction in penalty is contingent upon the leniency applicant making true and full disclosure of the existence and role, modus operandi, objective etc., of the cartel arrangement. Whi