Section 3 in The Competition Commission of India (Lesser Penalty) Regulations, 2009
3. Conditions for lesser penalty.
(1)An applicant, seeking the benefit of lesser penalty under section 46 of the Act, shall -(a)cease to have further participation in the cartel from the time of its disclosure unless otherwise directed by the Commission;2(b)provide vital disclosure in respect of [contravention of the provisions] [Substituted 'violation under sub-section (3)' by Notification No. L-3(4)/Reg-L.P./2017-18/CCI, dated 8.8.2017, (w.e.f. 13.8.2009).] of section 3 of the Act;(c)provide all relevant information, documents and evidence as may be required by the Commission ;(d)co-operate genuinely, fully, continuously and expeditiously throughout the investigation and other proceedings before the Commission; and(e)not conceal, destroy, manipulate or remove the relevant documents in any manner, that may contribute to the establishment of a cartel.[(1-A) Where the applicant is an enterprise, it shall also provide the names of individuals who have been involved in the cartel on its behalf and for whom lesser penalty is sought by such an enterprise.] [Inserted by Notification No. L-3(4)/Reg-L.P./2017-18/CCI, dated 8.8.2017, (w.e.f. 13.8.2009).](2)Where an applicant fails to comply with the conditions mentioned in sub-regulation (1), the Commission shall be free to use the information and evidence submitted by the applicant, in accordance with the provisions of section 46 of the Act.(3)Without prejudice to sub-regulations (1) and (2), the Commission may subject the applicant to further restrictions or conditions, as it may deem fit, after considering the facts and circumstances of the case.(4)The discretion of the Commission, in regard to reduction in monetary penalty under these regulations, shall be exercised having due regard to -(a)the stage at which the applicant comes forward with the disclosure;(b)the evidence already in possession of the Commission;(c)the quality of the information provided by the applicant; and(d)the entire facts and circumstances of the case.
