The Competition Commission of India (CCI)’s 6 November 2018 decision in the Flashlights case achieved a few firsts, it lays down the treatment of information under the Competition Act, 2002, and did so despite two leniency applications filed before it.
It was the first time that the CCI expressly assessed the applicability of the concept of “single continuous infringement” and how it fits in with cartel enforcement.
Chandhiok & Mahajan
It was also the first time that the CCI found no contravention despite investigated parties coming forward with leniency applications, thereby, signalling that it will not blindly accept leniency applications but judge on the merits of the evidence. The CCI has taken a stand that information exchange on its own is not enough to prove a cartel.
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Karan Singh Chandhiok is a partner and head of competition law and disputes. Shruthi Rao and Salman Qureshi are associates.
Chandhiok & MahajanC-524, Defence Colony
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Mumbai | Bengaluru
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