The Competition Commission of India (CCI) has announced significant revisions to its framework for commitment applications, granting companies more time to comply and addressing identified administrative challenges. These changes, introduced through the Competition Commission of India (Commitment) Amendment Regulations, 2026, replace provisions from the earlier 2024 regulations.
Key Changes in the Commitment Framework
Under the updated framework, the deadline for companies to submit commitment applications has been extended from 45 days to 60 days. Additionally, the CCI has increased the period available for its preliminary consideration of these applications, moving from seven working days to 15 working days. This adjustment effectively extends the total timeline for the commitment process from 130 days to 180 days.
The CCI stated that these amendments were made in light of experience gained from implementing the previous framework. Specific issues identified included challenges related to prescribed timelines, rectification of defects in applications, and the adjustment of fees.
Background and Expert Opinion
The 'Settlement and Commitment' framework was initially introduced by the Competition Amendment Act 2023. Its primary goal is to reduce litigation by allowing companies found guilty of anti-competitive behavior or abuse of dominant market position to file applications to rectify their practices. It's important to note that cartels are explicitly excluded from this framework.
Despite the framework being in place, the CCI has yet to approve any commitment proposals. Currently, two applications, one from InterGlobe Aviation and another from Google, are under its consideration.
Experts have largely welcomed the extensions, viewing them as a positive step towards providing companies with greater flexibility. Abhay Joshi, a Partner at Economic Laws Practice, commented that the amended framework offers potential applicants more time to consult and assess their options before deciding on an appropriate course of action. However, he also noted that while the additional time is beneficial, the effectiveness of this route in increasing filings will depend on various other factors, including the outcomes of ongoing commitment proceedings, given that applications must still be filed relatively early in an investigation.