Written Comments: Draft Competition Commission of India (Lesser Penalty) Regulations, 2023

On October 16, 2023, the Competition Commission of India (CCI) introduced the Draft Competition Commission of India (Lesser Penalty) Regulations, 2023 (DLPR). The DLPR replaces the Competition Commission of India (Lesser Penalty) Regulations, 2009, and introduces a new Lesser Penalty Plus (LPP) framework. The LPP regime was introduced within the leniency framework by the recent Competition (Amendment) Act, 2023 (2023 Amendments). The introduction of the DLPR, especially with a new LPP regime, is a positive development that will help curb cartel activity in Indian markets. The Dialogue submitted comments on certain critical aspects of the draft regulations. The comments are based on an extensive literature review from multiple jurisdictions.