4 - METHODOLOGY FOR DETERMINATION OF PENALTY UNDER PROVISO TO SECTION 27(b) OF THE ACT - Competition Commission of India (Determination of Monetary Penalty) Guidelines, 2024

CHAPTER III METHODOLOGY FOR DETERMINATION OF PENALTY UNDER PROVISO TO SECTION 27(b) OF THE ACT 4 . (1) In cases where the contravention by an enterprise pertains to an anti-competitive agreement entered into by a cartel, the Commission may impose penalty in terms of proviso to Section 27(b) of the Act. (2) For determining penalty under proviso to Section 27(b) of the Act, profit after tax shall be considered. (3) While taking a decision in this regard, the Commission may have due regard to all or any of the factors mentioned in paragraph 3(2) of these guidelines.