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of <h1>Competition Act Section 46: Lesser Penalties for Cartel Members with Full Disclosures; Conditions Include Cooperation and Truthfulness.</h1> Section 46 of the Competition Act, 2002 grants the Commission the authority to impose a lesser penalty on members of a cartel who have violated Section 3, provided they make full, true, and vital disclosures. Lesser penalties are not applicable if the investigation report is received before disclosure or if the disclosing party fails to cooperate throughout the proceedings. The Commission may revoke the lesser penalty if false evidence is presented or if conditions are unmet. The Commission can also use evidence from the lesser penalty application, excluding admissions, and may impose lesser penalties for disclosures about other cartels.
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