Competition Commission of India is a statutory body constituted under the Competition Act, 2002. Government discharges such role as is assigned to it under the said Act. Power to levy penalty is vested in the Commission under Section 27(b) of the Act. This section authorizes the Commission to levy penalty of up to 10% of the average turnover of the last three preceding years for abuse of dominant position and anti-competitive agreements. Section 46, however, authorizes the Commission to impose lesser penalty. Giving this information in written reply to a question in the Rajya Sabha, Shri Sachin Pilot, Minister for Corporate Affairs, said that to effectuate the power of Section 46, the Commission has framed Competition Commission of India (Lesser Penalty) Regulations, 2009.

Penalty powers under competition law: Commission may levy turnover-based penalties while lesser-penalty regulations allow reduced sanctions in specified cases. The Competition Commission of India, a statutory body under the Competition Act, 2002, is empowered to impose turnover-based penalties for abuse of dominant position and anti-competitive agreements, subject to a statutory ceiling. A distinct statutory provision permits imposition of lesser penalties, and the Commission implemented that authority through the Competition Commission of India (Lesser Penalty) Regulations, 2009, creating a mechanism for reduced sanctions.