7 - Methodology for Determination of Monetary Penalty under Sections 42, 43, 44 and 45 of the Act
CCI (Determination Of Monetary Penalty) Guidelines, 2024 Chapter VI METHODOLOGY FOR DETERMINATION OF MONETARY PENALTY UNDER SECTIONS 42, 43, 44 AND 45 OF THE ACT
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Monetary penalty methodology emphasizes statutory penalty range and discretionary factors guiding penalty calibration. Determination of monetary penalties under Sections 42-45 requires the Commission to consider the minimum and maximum penalty leviable and to exercise discretion when fixing an amount. The Commission may consider the extent and reasons for non-compliance or non-cooperation, the nature of misleading information, the knowledge of the person about untrue or incomplete information, repeated contraventions, and any other factors deemed appropriate to the facts of each case.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Monetary penalty methodology emphasizes statutory penalty range and discretionary factors guiding penalty calibration.
Determination of monetary penalties under Sections 42-45 requires the Commission to consider the minimum and maximum penalty leviable and to exercise discretion when fixing an amount. The Commission may consider the extent and reasons for non-compliance or non-cooperation, the nature of misleading information, the knowledge of the person about untrue or incomplete information, repeated contraventions, and any other factors deemed appropriate to the facts of each case.
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