Competition Commission explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The Competition Commission of India (Commitment) Regulations, 2024 (No. 03 of 2024) specify the procedure for filing commitment applications and for conducting commitment proceedings under Section 48B of the Competition Act, 2002. They were notified on 6 March 2024 and, as printed, came into force on the date of their publication in the Official Gazette. Later amendments should be checked.
The regulations have 16 regulations and one Schedule (undertakings and waivers). An application is filed within 45 days from receipt of the Commission's order under Section 26(1), with a further 30 days on sufficient cause, and in any case before the Director General's report is received. Objections are invited within 21 days. The proceedings are to be concluded within 130 working days. If only some contraventions are covered, the inquiry on the rest continues (regulation 12).
What the regulations cover
As per the consolidated text of the Act published by the Competition Commission of India (amendments shown up to the Finance Act, 2017), read with the Competition (Amendment) Act, 2023 as published in the Gazette of India on 11 April 2023, Section 48B lets an enterprise under inquiry for Section 3(4) or Section 4 offer commitments, with the form, fee, time, terms and procedure "as may be specified by regulations". These regulations are made under Section 64 read with Section 48B, and revocation under Section 48C is implemented in regulation 10. See Section 48B and Sections 47 and 48C. The 2023 change applies from the date notified for that provision; the notification is not in the sources consulted and should be checked.
A "Commitment Applicant" is an enterprise against whom an inquiry has been initiated under Section 26(1) for alleged contraventions of Section 3(4) or Section 4 and which submits a Commitment Application offering commitments in respect of the contraventions stated in the Section 26(1) order. If you are weighing an offer, our legal dispute resolution team can help assess it.
Structure, regulation by regulation
| Regulation | Subject | Key periods and amounts, as printed |
|---|---|---|
| 1 | Short title and commencement | In force on publication in the Official Gazette (6 March 2024 notification) |
| 2 | Definitions | "Commitment Applicant", "Commitment Application" |
| 3 | Application for commitment | Within 45 days from receipt of the Section 26(1) order; further 30 days on sufficient cause; defects cured within ten working days; not considered if any amount due under the Act is liable for recovery |
| 4 | Consideration of the proposal | Placed before the Commission within 7 working days; revised application within 15 working days; revised application within 30 days after the objections stage; proceedings concluded within 130 working days |
| 5 | Objections and suggestions | Within 21 days; public may be invited by publishing the summary on the website; comments summary not more than four pages |
| 6 | Nature and effect of the order | Not a finding of contravention; no bearing on inquiry against others; final and binding |
| 7 | Assessment of the terms | Factors including effectiveness of the commitments and whether markets become more contestable |
| 8 | Fee | Non-refundable, three slabs by turnover (below) |
| 9 | Implementation and monitoring | Agencies may be appointed |
| 10 | Revocation | Show cause within 15 working days; legal costs subject to a maximum of rupees one crore |
| 11 | Power to use information | After revocation or rejection |
| 12 | Partial commitments | Inquiry on remaining contraventions continues |
| 13 | Request for confidentiality | Procedure of the 2009 General Regulations |
| 14 | Inspection and certified copies | Only to the Informant and the Commitment Applicant; comments only after 21 days |
| 15 | Power to determine procedure | Reasons to be recorded in writing |
| 16 | Power to remove difficulties | Circulars or guidelines; decision binding |
| Schedule I | Undertakings and Waivers | Declaration with notary attestation |
The window to apply
Regulation 3(2) says the application may be submitted at any time after the Section 26(1) order, "but within the time prescribed under sub-regulation (3) or prior to receipt by the party of the report of the Director General under sub-section (4) of section 26 of the Act, whichever is earlier". Regulation 3(3) says the application "shall be filed within 45 (forty five) days from the receipt of the order passed by the Commission under sub-section (1) of section 26", with a proviso allowing a further period of 30 (thirty) days where sufficient cause is shown and reasons are recorded. Compare settlement, where the 45 days run from the Director General's report: see the overview of the Settlement Regulations.
Consideration and objections
A complete application is placed before the Commission within 7 working days (regulation 4(1)), and the inquiry against the applicant may be kept in abeyance (regulation 4(3)); under settlement the printed word is "shall remain in abeyance", but here it is "may keep ... in abeyance". Objections and suggestions are invited within 21 (twenty one) days from the party concerned, the Director General or any other party; the Commission may also invite the public by publishing the non-confidential summary on its website (regulation 5(1) and proviso). If the Commission is not satisfied it may call for a revised application, within 15 working days under regulation 4(2), or within 30 days under regulation 4(5)(c). The Commission either agrees under Section 48B(3), subject to terms on implementation and monitoring, and closes the proceedings against the applicant, or rejects under Section 48B(5) and continues the Section 26 inquiry (regulation 4(5)). The entire proceedings are to be concluded within 130 (one hundred and thirty) working days of a complete application, failing which the inquiry resumes; the Commission may extend that period for reasons recorded in writing (regulation 4(7)).
Assessment, effect and monitoring
Regulation 7 lists factors, including whether the commitment terms address the identified competition concerns and can be implemented effectively and expeditiously and are easy to monitor, whether the terms make the markets more contestable, procedural efficiencies, self-executing terms and early correction of market distortions, past conduct, and steps already taken to modify conduct. A commitment order "shall not be construed as a finding of contravention" and is final and binding on the applicant (regulation 6). Regulation 9 allows agencies to be appointed to oversee implementation.
Fee, as notified in 2024
| Commitment Applicant's total turnover in India in the preceding financial year | Fee, as notified in 2024 |
|---|---|
| Up to Rs. 50,00,00,000 (rupees fifty crores) | Rs. 2,50,000 (rupees two lakh fifty thousand) |
| Exceeding rupees fifty crores and up to Rs. 500,00,00,000 (rupees five hundred crores) | Rs. 10,00,000 (rupees ten lakh) |
| Exceeding rupees five hundred crores | Rs. 50,00,000 (rupees fifty lakh) |
Revocation, partial commitments and information
Regulation 10 mirrors Section 48C: the order stands revoked if the applicant fails to comply, has not made full and true disclosure, or there has been a material change in the facts, after a show-cause opportunity of 15 working days; legal costs are "subject to a maximum of rupees one crore"; and the Commission may restore or initiate the inquiry. Regulation 11 permits reliance on the applicant's information after revocation. Regulation 12 provides that if the application covers only some of the contraventions in the Section 26(1) order, "the inquiry qua remaining contraventions mentioned therein shall continue." Schedule I carries the undertakings and waivers.
References to the 2009 General Regulations
Regulations 9 and 13 refer to the Competition Commission of India (General) Regulations, 2009 generally; regulation 11(3) refers to their regulation 35 and regulation 14 to their regulations 37, 50 and 35. Those 2009 regulations are not in the sources consulted. Regulation 57 of the General Regulations, 2024 repeals them and says a reference to them is deemed a reference to the corresponding provisions of the 2024 regulations; the numbers are quoted as printed and not mapped here. Regulation 10(3) also refers to a 2011 recovery regulation, which is not in the sources. See the General Regulations overview.
Need help with a commitment application?
The 45 days run from receipt of the Section 26(1) order, so time is short. Our legal dispute resolution team can read the order, design commitments the Commission can monitor and prepare the application.
Key takeaways
- 16 regulations and one Schedule, notified on 6 March 2024; check later amendments.
- Apply within 45 days of the Section 26(1) order (plus 30 days on sufficient cause), and before the Director General's report is received.
- Objections within 21 days; proceedings within 130 working days.
- Fee as notified in 2024: rupees 2,50,000, 10,00,000 or 50,00,000 by turnover.
- Partial commitments do not stop the inquiry on other contraventions.
Read next
- Section 48B of the Competition Act, 2002: commitment offers
- Settlement applications under the CCI Settlement Regulations, 2024
- Section 26: procedure for inquiry
- Abuse of dominant position under Section 4
Disclaimer: Based on the consolidated text of the Competition Act, 2002 published by the Competition Commission of India (amendments shown up to the Finance Act, 2017), read with the Competition (Amendment) Act, 2023 as published in the Gazette of India on 11 April 2023, and on the regulations and guidelines of the Commission as notified in 2024, as consulted on 2 October 2026. Commencement notifications, notified thresholds, rules and later amendments should be checked. This article is general information, not legal advice; check the official text before acting.