CCI relaxes commitment norms, extends filing window to 60 days
The Competition Commission of India (CCI) has notified the Commitment (Amendment) Regulations, 2026, extending the window for filing commitment applications in antitrust proceedings from 45 days to 60 days
The period available for the CCI's preliminary consideration of such applications has been extended from 7 working days to 15 working days
The overall timeline to conclude a commitment proceeding has been raised from 130 working days to 180 working days, with provision for extension in complex cases
The changes come as the CCI is currently examining two high-profile commitment applications — from InterGlobe Aviation (IndiGo's parent) and from Google — on which it has sought stakeholder comments but has not yet ruled
Settlement and Commitment Mechanism (Sections 48A and 48B, Competition Act 2002)
The Competition (Amendment) Act, 2023 inserted Sections 48A and 48B into the Competition Act, 2002, introducing India's first formal settlement and commitment framework for antitrust cases — mechanisms long available in mature jurisdictions like the US and EU but absent from Indian competition law before 2023. Section 48A allows a party under investigation to propose a settlement after the Director General's investigation report is submitted, while Section 48B allows a party to offer commitments (behavioural or structural remedies) at an earlier stage, before the CCI forms a prima facie view is finalised into a full inquiry — the specific route being used by InterGlobe and Google.
Key Details
- Section 48A — Settlement: applies after the DG's investigation report is filed, before a final CCI order under Section 27
- Section 48B — Commitment: applies at an earlier stage of inquiry into alleged anti-competitive agreements (Section 3) or abuse of dominance (Section 4), excludes cartel cases
- No commitment application has yet been formally approved by the CCI since the mechanism was introduced in 2023, making the InterGlobe and Google cases first-of-their-kind tests
- The mechanism aims to resolve competition concerns faster than prolonged litigation, similar in spirit to "consent decrees" (US) or "commitment decisions" under Article 9 of EU Regulation 1/2003
The relaxed timelines directly amend the procedural regulations that operationalise Section 48B, giving both the CCI and applicant companies more working days to negotiate and finalise commitments — relevant as the regulator weighs its first-ever commitment applications from InterGlobe Aviation and Google.
Competition Commission of India — Structure and Statutory Mandate
The CCI is a statutory, quasi-judicial body established under the Competition Act, 2002 (which replaced the older MRTP Act, 1969) to prevent practices having an adverse effect on competition, promote and sustain competition, protect consumer interests, and ensure freedom of trade in Indian markets. Its regulatory toolkit includes inquiry into anti-competitive agreements, abuse of dominant position, and regulation of combinations (mergers and acquisitions) above notified thresholds.
Key Details
- Competition Act, 2002 came into force in stages; the CCI became fully functional as an adjudicatory body from 2009
- The Competition (Amendment) Act, 2023 was a major overhaul, also introducing a "deal value threshold" for merger notification (transactions above ₹2,000 crore involving a target with substantial business operations in India) and reducing the merger review timeline
- CCI orders can be appealed to the National Company Law Appellate Tribunal (NCLAT), with further appeal to the Supreme Court
- CCI is headed by a Chairperson and up to six Whole-Time Members appointed by the Central Government
The commitment mechanism is one of several 2023 reforms to CCI's procedural architecture aimed at making Indian antitrust enforcement faster and more business-friendly, alongside faster merger clearances — a shift especially relevant given the CCI's active scrutiny of large digital and aviation-sector players like Google and IndiGo.
- Commitment application filing window: extended from 45 days to 60 days
- Preliminary consideration period: extended from 7 working days to 15 working days
- Total commitment proceeding timeline: extended from 130 working days to 180 working days (extendable for complex cases)
- Statutory basis: Sections 48A (settlement) and 48B (commitment), inserted by the Competition (Amendment) Act, 2023
- Pending applications under the new framework: InterGlobe Aviation (IndiGo's parent) and Google — neither yet approved
- CCI established under the Competition Act, 2002; became fully operational as adjudicator in 2009