¹ [48A. Settlement.

48A.(1)Any enterprise, against whom any inquiry has been initiated under sub-section (1) of section 26 for contravention of sub-section (4) of section 3 or section 4, may, for settlement of the proceeding initiated for the alleged contraventions,submit an application in writing to the Commission in such form and upon payment of such fee as may be specified by regulations.

(2)An application under sub-section (1) may be submitted at any time after the receipt of the report of the Director General under sub-section (4) of section 26 but prior to such time before the passing of an order under section 27 or section 28 as may be specified by regulations.

(3)The Commission may, after taking into consideration the nature, gravity and impact of the contraventions, agree to the proposal for settlement, on payment of such amount by the applicant or on such other terms and manner of implementation of settlement and monitoring as may be specified by regulations.

(4)While considering the proposal for settlement, the Commission shall provide an opportunity to the party concerned, the Director General, or any other party to submit their objections and suggestions, if any.

(5)If the Commission is of the opinion that the settlement offered under sub-section (1) is not appropriate in the circumstances or if the Commission and the party concerned do not reach an agreement on the terms of the settlement within such time as may be specified by regulations, it shall, by order, reject the settlement application and proceed with its inquiry under section 26.

(6)The procedure for conducting the settlement proceedings under this section shall be such as may be specified by regulations.

(7)No appeal shall lie under section 53B against any order passed by the Commission under this section.

(8)All settlement amounts, realised under this Act shall be credited to the Consolidated Fund of India.]

Note:.

1.Inserted by the Competition (Amendment) Act, 2023 dated 11.04.2023.