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Competition Law Advisory – Expertvuw
Competition Law · Compliance

Competition Law Compliance – Anti-Competitive Agreements, Abuse of Dominance and CCI Risk

Last updated: 2 October 2026

The Competition Act penalises cartels, bid-rigging, restrictive agreements and abuse of dominance — now with penalties linked to global turnover. Expertvuw’s team helps businesses build a compliance programme, review agreements and train staff, working with competition counsel on investigations.

Overview

What Competition Law Covers

The Competition Act, 2002 prohibits anti-competitive agreements under section 3 — including cartels, price-fixing, market sharing and bid-rigging between competitors, and certain vertical restraints such as resale price maintenance and exclusive dealing — and abuse of a dominant position under section 4. The Competition (Amendment) Act, 2023 extended liability to hub-and-spoke facilitators.

Penalties can go up to 10% of average turnover over three years, and the 2023 amendment defines turnover as global turnover from all products and services. For cartels, the penalty can alternatively be up to three times the profit for each year of the cartel. The CCI (Determination of Monetary Penalty) Guidelines, 2024 set out how penalties are calculated.

The 2023 amendment and 2024 regulations also introduced settlement and commitment mechanisms for certain cases, and a lesser penalty (leniency) regime for cartel participants who come forward — including “lesser penalty plus” for disclosing another cartel. A documented compliance programme helps prevent violations and supports mitigation.

Basis: Competition Act, 2002 (sections 3, 4, 27, 46, 48A, 48B) as amended by the Competition (Amendment) Act, 2023; CCI (Determination of Monetary Penalty) Guidelines, 2024; CCI (Settlement) Regulations, 2024; CCI (Commitment) Regulations, 2024; CCI (Lesser Penalty) Regulations, 2024. Last updated: 27 September 2026.

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What This Service Covers

What We Help With

1

Competition compliance policy and programme

2

Review of distribution, supply and pricing agreements

3

Training for sales, procurement and management teams

4

Trade association and competitor interaction protocols

5

Coordinating with counsel on CCI enquiries and settlement or commitment applications

Key Facts

Section 3

Prohibits anti-competitive agreements, including cartels and bid-rigging.

Section 4

Prohibits abuse of a dominant position.

Global turnover

Penalties up to 10% of average global turnover.

Cartels

Alternatively up to three times profit for each year of the cartel.

Settlement & commitment

Available for certain cases under the 2024 regulations.

Leniency

Lesser penalty for cartel participants who disclose, including "lesser penalty plus".

Common Issues

Common Risk Areas

Competition risks often arise from routine commercial practices.

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Related Services

Related services

Competition compliance connects with these services.

CCI Merger Filing

Combination notifications to the CCI.

Distribution Agreement

Drafting distribution agreements.

Corporate Governance

Board and governance processes.

Compliance Health Check

Review of compliance gaps.

Documents Required

Documents we need from you

Business Records

Market Information

Our Process

How We Work

1

Risk review

Identify high-risk practices and markets.

2

Agreements

Review key commercial agreements.

3

Policy

Draft the compliance policy and protocols.

4

Training

Train relevant teams.

5

Monitor

Set up reporting and periodic reviews.

6

Support

Coordinate with counsel on any CCI matter.

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Ongoing Compliance

Ongoing Compliance

Competition compliance needs regular refresh.

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Get in Touch

Share your query and our team will reply during business hours.






    FAQs

    Frequently Asked Questions

    What is an anti-competitive agreement?

    An agreement that causes or is likely to cause an appreciable adverse effect on competition, such as cartels, bid-rigging or certain vertical restraints.

    Up to 10% of average global turnover over three years, or for cartels up to three times profit for each year, whichever is higher.

    Conduct by a dominant enterprise such as unfair pricing, limiting supply or denying market access, prohibited under section 4.

    Cartel participants who disclose to the CCI can get reduced penalties, with additional reductions for disclosing another cartel.

    The 2024 regulations allow settlement and commitment in certain cases.

    About Expertvuw

    Who Handles This Work

    CS Chetna Shoor, Company Secretary and Director, Expertvuw

    CS Chetna Shoor

    ACS – Director, Expertvuw Management Pvt Ltd

    CCI filings are prepared by Expertvuw’s team working with your legal counsel. Economic analysis is provided by independent specialists where needed, and representation before the CCI, NCLAT or courts is made by advocates or authorised professionals.

    Expertvuw Management Pvt Ltd