In an unstarred question posed by Member of Parliaments to Corporate Affairs Ministry, Harsh Malhotra, Minister of State for Corporate Affairs and Minister of State for Road Transport and Highways, informed that the Competition Commission of India (CCI) has initiated investigations in 49 cases under Section 26(1) of the Competition Act, 2002, over the last three financial years (2021-22 to 2024-25, up to March 13, 2025).
Of these 49 cases, the Director General (DG) has submitted investigation reports in 31 cases, while 18 cases remain under investigation. The Commission has passed final orders in 11 cases, with 20 cases currently under review.
Focus on Cartelization Across Sectors
The CCI last week raided multiple offices of multiple media agencies including Dentsu, GroupM, Publicis, IPG, Omnicom, Havas and industry bodies AAAI, ISA and IBDF for alleged media cartelization. The raids were carried out in Delhi, Mumbai and Gurugram.
Malhotra, responding to questions from BJP Kanpur MP Ramesh Awasthi and former UP Chief Minister Jagdambika Pal, highlighted that 21 cases related to cartelization in various sectors, including civil aviation, financial services, health & pharma, iron & steel, power, and railways, were sent for investigation over the past three years.
Out of these, investigation reports have been received for 11 cases, while 10 remain under probe by the DG. So far, only one case has seen a final order, while the remaining 10 cases are under review by the Commission.
Introduction of “Lesser Penalty Plus” Mechanism
The Competition (Amendment) Act, 2023, introduced a “lesser penalty plus” (LPP) mechanism under Section 46 of the Act. This new provision encourages companies that are already seeking leniency for cartel involvement to disclose additional cartels unknown to the CCI.
On February 20, 2024, the CCI (Lesser Penalty) Regulations, 2024, were notified, replacing the 2009 regulations. The LPP framework aims to strengthen cartel detection and incentivize whistleblowing within corporate circles.
Additionally, the amendment incorporated the “Hub & Spoke” mechanism in Section 3(3) of the Competition Act, 2002. This provision extends liability to entities indirectly involved in cartel agreements, even if they are not engaged in identical trade activities, further broadening the scope of cartel investigations.
Strengthening Competition Law Enforcement
The Competition Act, 2002, prohibits anti-competitive agreements (Section 3), abuse of dominant position (Section 4), and regulates mergers and acquisitions (Sections 5 & 6). The CCI, established under this Act, enforces these provisions and imposes penalties on entities engaging in anti-competitive conduct.
Through its enforcement and advocacy efforts, the CCI aims to promote and sustain competition in the markets by conducting market studies, organizing advocacy events, and providing training on competition-related issues, in addition to implementing market corrections to eliminate distortions. Over the last five financial years (as of March 19, 2025), the CCI conducted 1,446 advocacy programs.
As the government tightens its grip on anti-competitive practices, these reforms signal a stronger regulatory framework aimed at fostering transparency and accountability in Indian markets.