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 (Settlement) Regulations, 2024 (No. 04 of 2024) specify the procedure for filing settlement applications and for conducting settlement proceedings under Section 48A 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 can be made after the Director General's report is received, and not after 45 days from receipt, with a further 30 days on sufficient cause. Objections are invited within 21 days. The settlement amount is a base amount (up to the maximum Section 27(b) penalty) less a settlement discount of 15%. The whole proceeding is to conclude in 180 working days.
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 48A lets an enterprise under inquiry for Section 3(4) or Section 4 apply for settlement, with the form, fee, time, terms and procedure "as may be specified by regulations". These regulations are made under Section 64 read with Section 48A. They also implement the revocation provision, Section 48C. The sections are explained in Section 48A 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 "Settlement 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. If you are weighing an application, our legal dispute resolution team can help compare it with defending the inquiry.
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 | "Settlement Amount" means the amount determined under regulation 6 |
| 3 | Application for settlement | 45 days from receipt of the Director General's report; further 30 days on sufficient cause; defects to be cured within 10 working days; application must cover all contraventions found; 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; acceptance of settlement amount within 15 days; payment within 30 days of acceptance; proceedings concluded within 180 working days |
| 5 | Objections and suggestions | Within 21 days; summary of comments not more than four pages |
| 6 | Manner of determining the settlement amount | Base amount up to the maximum Section 27(b) penalty; settlement discount of 15% |
| 7 | Nature and effect of the order | Not a finding of contravention; no bearing on inquiry against other parties; final and binding on the applicant |
| 8 | Assessment of the terms | Factors: nature of conduct, effective implementation, contestable markets, past conduct, and so on |
| 9 | Fee | Non-refundable, three slabs by turnover (below) |
| 10 | Implementation and monitoring | Agencies may be appointed |
| 11 | Revocation | Show cause within 15 working days; legal costs subject to a maximum of rupees one crore |
| 12 | Power to use information | After revocation or rejection |
| 13 | Request for confidentiality | Procedure of the 2009 General Regulations |
| 14 | Inspection and certified copies | Only to the Informant and the Settlement 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 application and its periods
Regulation 3(1) lists what the application contains: the applicant's details, proof of fee, details of the Director General's findings, full and true disclosure of facts, the settlement proposal and how it addresses the contraventions, previous contraventions and settlement or commitment applications, the nature, gravity and impact of the contraventions, a non-confidential summary, other authorities that have examined the matter, the undertakings and waivers in Schedule I, and other helpful information. Regulation 3(2) permits an application after the receipt of the report, with a proviso that it will not be entertained after 45 (forty five) days from receipt, and a further proviso allowing a further period of 30 (thirty) days on sufficient cause, with reasons recorded. Regulation 3(5) says no application is considered if it does not cover all the contraventions found by the Director General or if any amount due under the Act is liable for recovery from the applicant.
Consideration, objections and the amount
The inquiry against the applicant remains in abeyance while a complete application is before the Commission (regulation 4(3)). Objections are invited within 21 (twenty one) days on a non-confidential summary (regulation 5). If the Commission is satisfied it passes an order under Section 48A(3); if not, it rejects under Section 48A(5) and proceeds with the Section 26 inquiry (regulation 4(5)). Before agreeing, it communicates the settlement amount, which is final: "any application seeking revision of the same shall not be entertained", and the applicant communicates acceptance within 15 (fifteen) days and pays within 30 (thirty) days (regulation 4(7) and (8)). Failure to accept or pay leads to rejection (regulation 4(9)).
The amount: regulation 6(1) says the Commission "would compute base amount which could extend up to maximum amount of penalty that would otherwise have been leviable under section 27(b)"; regulation 6(2) says it shall be guided by the Penalty Guidelines (see the overview of the Monetary Penalty Guidelines); and regulation 6(3) applies "a settlement discount of 15% to the base amount".
Fee, as notified in 2024
Regulation 9 requires proof of payment of non-refundable fees:
| Settlement 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) |
Nature of the order, revocation and information
A settlement order "shall not be construed as a finding of contravention" and is final and binding on the applicant; it has no bearing on the inquiry against other parties (regulation 7). Regulation 11 provides for revocation 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; the legal costs are "subject to a maximum of rupees one crore". On revocation, the Commission and the Director General may rely on the information submitted (regulation 12). Schedule I contains the undertakings and waivers, including waiver of appeal or review before the National Company Law Appellate Tribunal or other courts, matching the bar on appeal in Section 48A(7).
References to the 2009 General Regulations
Several regulations refer to the Competition Commission of India (General) Regulations, 2009: regulation 10 (agencies to oversee implementation) and regulation 13 (confidentiality) refer to them generally, while regulation 12(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 are not mapped here. Regulation 11(3) also refers to a 2011 recovery regulation, which is likewise not in the sources. See the General Regulations overview.
Need help with a settlement application?
The periods run from receipt of the Director General's report, and the application must cover every contravention found. Our legal dispute resolution team can examine the report, work out the likely base amount and prepare the application and the undertakings.
Key takeaways
- 16 regulations and one Schedule, notified on 6 March 2024; check later amendments.
- Apply after the report, within 45 days (plus 30 days on sufficient cause).
- Objections within 21 days; settlement amount final; accept within 15 days and pay within 30 days.
- Base amount up to the Section 27(b) maximum, with a 15% discount.
- Fee as notified in 2024: rupees 2,50,000, 10,00,000 or 50,00,000 by turnover.
Read next
- Section 48A of the Competition Act, 2002: settlement of proceedings
- Commitment applications under the CCI Commitment Regulations, 2024
- How penalty is computed under the Monetary Penalty Guidelines, 2024
- Penalties under the Competition Act for cartels and abuse
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.