A Critical Analysis of the Leniency Regime in India

11 Pages Posted: 9 Jul 2022 Last revised: 11 Jul 2022

Date Written: December 1, 2021

Abstract

The leniency program was introduced with the objective of enforcing Competition law and detecting cartels by imposing less or no penalties on companies which provides the Competition Commission with evidence that would have been hard to find merely by investigation. The purpose of the leniency program is to lure companies to furnish information by providing a reduction in penalties. However, the Competition Commission of India has had an inconsistent approach in granting reductions and maintaining confidentiality. These issues have been a major roadblock in achieving the goal of the leniency program. In this paper, the author shall draw a comparative analysis of the leniency regime in the jurisdictions of the European Union, the United Kingdom, and the United States and put forward suggestive reforms that can be adopted in the Indian legislation as the same would aid in achieving the purpose of the leniency program.

Keywords: Competition law, Antitrust law, leniency

JEL Classification: K21

Suggested Citation

Rahim, Mohsin, A Critical Analysis of the Leniency Regime in India (December 1, 2021). Available at SSRN: https://ssrn.com/abstract=4145176 or http://dx.doi.org/10.2139/ssrn.4145176

Mohsin Rahim (Contact Author)

Jindal Global Law School ( email )

Sonipat Narela Road, Near Jagdishpur Village
Delhi NCR
Sonipat, DE Delhi NCR 131001
India

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