"Amendments brought in on 8th August, 2017 to Lesser Penalty Regulations will bring clarity to the existing leniency regime in India and provide incentives for companies and individuals to proactively assist in cartel en

Section 46 of Competition Act, 2002 and the Competition Commission of India (Lesser Penalty) Regulations, 2009 empowers Competition Commission of India (CCI) to impose lesser penalties on an entity making a 'vital disclosure' with evidence; or in subsequent leniency applications, provide 'significant added value' to the evidence. Competition Commission of India (CCI), in Re: Cartelization in respect of tenders floated by Indian Railways for supply of Brushless DC Fans (Suo Moto Case No 03 of 2013) , granted 75% reduction in penalty for coming forward. With Competition Commission of India (Lesser Penalty) Amendment Regulations, 2017, the CCI recognizes more than three applicants for leniency. Subsequent applicants will be eligible for reduction in penalties up to 30% for giving 'significant added value to the evidence already in possession and thus, incentivise companies and individuals to proactively participate in cartel enforcement.