• Competition Law

    Leniency Programme under the Competition Act: A Definitive Guide

    The Competition Commission of India (“CCI”) is empowered, under Section 46 of the Competition Act, 2002, to grant lesser penalties to members of cartels where (i) they have made a full and true disclosure in respect of the alleged violations and (ii) this disclosure is sufficient to enable CCI to form a prima-facie opinion about the existence of a cartel or which helps to establish the contravention of the provisions of section 3 of the Act. 15 years after this provision was enacted along with the Competition Act, the first case  under Section 46 was decided by CCI in 2017. This article seeks to set out the law behind the…

  • Competition Law

    Combination Regulation: What Constitutes Gun Jumping Post Exemption From the 30-Day Notice period?

    The Competition Commission of India (“CCI”) as a third of its duties under the Competition Act, 2002, upholds the mandate of regulation of combinations so as to ensure that any acquisitions and mergers do not have appreciable adverse effect on competition in India. The Indian combination regulation regime comprises of the Competition Act, 2002 (“Act”) and the CCI (Procedure in Regard to the Transaction of Business Relating to Combinations) Regulations, 2011 (“Combination Regulations”). This article seeks to analyze the nature of gun-jumping as an offence and comment upon the present position of law as to what constitutes gun jumping today.   Combination Regulation – Introduction Section 5 of the Act…