LENIENCY PROGRAMME UNDER COMPETITION REGIME IN INDIA

Abstract

Cartels are considered to be the utmost violation of competition law in India under the Competition Act, 2002. Leniency programme under the present law is the most effective tool for cartelists seeking leniency, to dodge significant punishment. These programmes involve a commitment to a pattern of penalties designed to increase incentives in form of lesser penalties for cartelists to self-report to CCI. The article examines the rationale behind the leniency programme, its procedural aspects as an effective tool to combat cartelisation. An attempt has been made to assess the recent changes that have been made to the leniency programme in India, along with its constitutional validity as examined by courts. Most of the competition enforcement authorities around the world have adopted leniency program. In order to understand the policy drawbacks in the leniency protocols we have scrutinized other law enforcement measures adopted by European Union, Japan and USA. The benefits yielded by immunity programmes are many, and in order to increase the benefits we have listed a few conclusive suggestions. The data used has been collected from archives, news articles, published statistical reports along with expert opinions of renowned lawyers specialising in competition law.