CCI for the first time issues final order under Lesser Penalty Provisions

The Competition Commission of India (‘CCI’), in a suomoto case invoked the provisions of Section 46 of the Competition Act, 2002 (‘the Act’) read with the Competition Commission of India (Lesser Penalty) Regulations, 2009 (‘Lesser Penalty Regulations’) to reduce the penalty imposed upon Panasonic Energy India Co. Ltd. (‘Panasonic’), Eveready Industries India Ltd. (‘Eveready’) and Indo National Ltd. (‘Nippo’) by 100 percent, 30 percent and 20 percent respectively, while passing final order imposing penalty on the three leading Indian zinc-carbon dry cell battery manufacturers for colluding to fix prices of zinc-carbon dry cell battery in India under relevant provisions of Section 3(3)(a), 3(3)(b) and 3(3)(c) read with Section 3(1) of the Act. Considering contravention of provisions of the Act, an amount of INR 245.07 Crores, INR 52.82 Crores and INR 74.68 Crores was computed as leviable penalty on three battery manufacturers.