The Competition Commission of India (CCI) has extended the filing window for commitment applications from 45 days to 60 days, giving erring companies additional time to assess the allegations and come out with remedial measures. Under the draft amendments, released for public consultation on Friday, the CCI has provided further relaxation by allowing companies to rectify deficiencies in their commitment applications within 10 working days from the date of return of their incomplete application by the commission.
Crucially, the filing fee paid for the original application will be adjusted against the fees payable at the time of refiling, thereby reducing the cost burden on entities. CCI charges a non-refundable filing fees of Rs 2.5 lakh to Rs 50 lakh – depending on the turnover – for every commitment application.
Structural Relaxation
The antitrust regulator has also proposed increasing the overall timeline for commitment proceedings from 130 to 180 working days, with the possibility of further extensions wherever required. It’s expected that the longer timeline will enable CCI to hold critical consultations, conduct detailed assessment of the commitments offered, and map out exactly how the remedies will be implemented.
“In case the commitment proceedings are not concluded within the stipulated period, after excluding such time, failing which the inquiry under section 26 of the (Competition) Act against the commitment applicant shall stand resumed,” the document said.
As per the draft amendments, a commitment application that is complete in all respects will be taken up by the commission within 15 working days of its receipt, as compared to the existing timeline of seven working days. This would give CCI more time to adequately assess the remedies offered by the companies before initiating the consultation process.
“The extension in timelines allows for more considered assessment of facts and remedies, while the express invalidity clause keeps the process disciplined. With the regime under Parliamentary Committee review and no formal commitment decision yet issued, these refinements reflect the CCI’s willingness to course-correct in real time, strengthening confidence in a framework that remains both welcome and evolving,” said Modhulika Bose, partner (competition law) at Chandhiok and Mahajan Advocates and Solicitors
Legal Guardrails
To be sure, the commitment framework came into force in 2024 via the Competition (Amendment) Act, 2023. It allows companies facing probe for abuse of dominant position (Section 4) or anti-competitive vertical agreements (Section 3(4)) to propose corrective measures to resolve CCI’s concerns before the investigation is concluded. If the CCI is of the opinion that the terms of commitment offered by the party are appropriate, the proceedings against the applicant are closed without a formal finding of violation. In no agreement is reached, the CCI can reject the application and proceed with an inquiry under Section 26 of the Act.