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Legal Central Ministry of Consumer Affairs, Food and Public Distribution Competition Act, 2002

FAQs on Lesser Penalty Regime

21-Feb-2024 | NA

The Competition Commission of India has notified the FAQ for understanding the content of Lesser Penalty Regime.

The key highlights are:

1. What is meant by Lesser Penalty?
Ans. Lesser Penalty means reduction in the amount of penalty imposed upon a person (enterprise or an individual or an association of enterprises or association of persons) by the Competition Commission of India (CCI) for contravention of certain provisions of the Competition Act, 2002 (Act). Lesser Penalty is an incentive provided to infringers of law to come forward and disclose information, documents and evidence with respect to their cartel conduct, in return for grant of reduction in the penalty which may be levied on them.

2. What is meant by Lesser Penalty Plus?
Ans. Lesser Penalty Plus provides an incentive to existing Lesser Penalty applicants to come forward and disclose information, documents and evidence with respect to their participation in another cartel. Such disclosure would not only entitle the Lesser Penalty Plus applicant for grant of reduction in penalty which may be levied on it in the second cartel, but also for grant of additional reduction in penalty which may be levied on it in the first cartel.

3. Do Lesser Penalty and Leniency mean the same thing?
Ans. Yes, in common parlance, programs/ regimes similar to the Lesser Penalty regime of CCI available under the Competition/ Antitrust Laws of various other jurisdictions are referred to and known as Leniency Programs.

Refer to the attached document for more information.

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