4.

8 Competition Act 2010

Page 269

LENIENCY [39 & RELEVANT

REGULATIONS]
GRANT OF IMMUNITY
CCP may grant an undertaking total immunity from financial penalties if
the following conditions are satisfied:
The undertaking is the first to provide with evidence of any activity
leading to violations of section 3-11 provided that the CCP does not
already have such information.
The undertaking:
- provides all the information, documents and evidence available
to it regarding the prohibited activity;
- maintains continuous and complete cooperation throughout
the proceedings until the conclusion of any action;
- refrains from further participation in the alleged activity from
the time of its disclosure to the CCP;
- must not have coerced another undertaking to take part in
prohibited activities.
GRANT OF REDUCTION IN PENALTY
An undertaking may benefit reduction in penalty if:
undertaking is first to provide with evidence of prohibited activities;
information is given after CCP has started proceedings but before
sufficient information to issue a written notice;
Entity abandons its participation in prohibited activity.
Entity cooperates genuinely
FACTORS FOR CONSIDERING REDUCTION
Any reduction in penalty under these circumstances is discretionary. The
CCP shall take into account the following in exercising its discretion:
the stage at which the undertaking comes forward;
the evidence already in the CCPs possession; and
the quality of the information provided by the undertaking.

4.8 Competition Act 2010

Page 270

PROCEDURE FOR REQUESTING IMMUNITY OR REDUCTION IN

PENALTY
An undertaking or person empowered by it seeking leniency shall contact
the CCP through authorized representative in following manner.
The initial contact may be made by telephone with identity not to be
disclosed as part of the record
After initial contact, an officer (not below the rank of director) shall be
designated by the chairman to coordinate with the leniency applicant
Application for leniency shall be in writing, submitted within 45 days
of designation of an officer to coordinate, and include
- Name and address of entity submitting application
- Written authorization in favor of representative
- A detailed description of prohibited activities including
purpose, activities, product/service concerned, geographical
scope, dates, locations, meetings and all relevant explanations
- All evidences relating to that activities

CONFIDENTIALITY
The CCP shall keep confidential the identity of undertaking coming with
the evidence throughout the proceedings. Immunity granted by CCP shall
not affect the right of third parties. Third parties can pursue their claim in
the competent court.
RECOVERY OF PENALTIES [40]
The CCP may serve notice on concerned person, undertaking, chief
executive or director of the undertaking to pay the said amount within
prescribed time. If the penalty is not paid within the prescribed time, the
CCP may recover such amount in any of the following ways:
Attachment of moveable and sale of immoveable property including
bank accounts.
Appointment of receiver for management of property.
Recovery of the amount as arrears of land revenue through District
Revenue Officer.