The Competition Commission of India (CCI) has amended the procedure through which a business can offer commitments to address competition concerns at an early stage of an inquiry. The mechanism covers alleged abuse of a dominant market position and certain anti-competitive agreements, including arrangements between businesses at different levels of a supply chain. A commitment is an offer to change the conduct under examination, with terms that CCI can accept and monitor.

The amendment dated 18 August extends the usual filing window from 45 to 60 days after receipt of CCI’s order directing an investigation; an application must still precede receipt of the investigation report. The period for completing commitment proceedings rises from 130 to 180 working days, subject to the prescribed exclusions and extensions. CCI’s preliminary consideration period increases from seven to fifteen working days. An applicant whose submission is returned with defects must correct and refile it within ten working days, with the original fee adjusted against the refiling fee.

For a board overseeing a competition inquiry, the additional time allows more scope to assess a proposed change in business practices. The decision still needs early attention: directors should understand which contractual or commercial arrangements would change, whether the proposed commitments address the concerns raised and how their implementation would be monitored.
 

Sources: CCI amendment notification | CCI explanatory statement | Underlying commitment framework