Competition Commission Of India (Commitment) Amendment Regulations, 2026

In 2023, India added settlement and commitment mechanisms to the Competition Act, 2002, giving enterprises a way to resolve abuse-of-dominance investigations without a final finding of contravention. On 18 August 2026, the CCI notified amendments to the Commitment Regulations that extend key procedural timelines and clarify several administrative details.

Background: Settlement and Commitment Mechanisms Under the Competition Act

The Competition (Amendment) Act, 2023 introduced Sections 48A and 48B into the Competition Act, 2002 (Competition Act). These mechanisms are commonly used in mature competition law jurisdictions such as the European Union and the United States.

They allow enterprises facing investigations for alleged abuse of dominance to resolve the proceedings without the Competition Commission of India (CCI) making a final finding of contravention. With the relevant regulations now in force, the CCI has a formal procedure to consider and approve negotiated resolutions in appropriate cases.

The two provisions created two separate mechanisms.

Settlement Mechanism (Section 48A)

The settlement mechanism allows an enterprise to resolve proceedings after an investigation has been initiated. It allows the enterprise to make structural changes such as divestment of a business or assets to reduce market power.

Under Section 48A of the Competition Act, after the Director General (DG) has submitted its investigation report, but before the CCI passes its final order, the enterprise can file an application.

Commitment Mechanism (Section 48B)

The commitment mechanism allows an enterprise to offer commitments at an earlier stage of the proceedings to address the CCI’s concerns. This is a promise of behavioural change rather than structural divestiture.

For example, the CCI’s Google order[1] included behavioural remedies requiring Google to:

• Allow device manufacturers to offer non-Google apps alongside Google apps
• Delink the licensing of the Play Store from the mandatory pre-installation of other Google applications
• Permit users to choose their default search engine during device setup

The enterprise can file an application after the CCI passes an order under Section 26(1) directing an investigation, but before the DG submits its investigation report.

Implementing Regulations

The detailed procedure for these mechanisms was provided through the Competition Commission of India (Settlement) Regulations, 2024 (Settlement Regulations) and the Competition Commission of India (Commitment) Regulations, 2024 (Commitment Regulations), which were notified on 6 March 2024.

Commitment Applications Currently Under Consideration

So far, the CCI has not approved any commitment proposal. However, commitment applications submitted by InterGlobe Aviation Limited (IndiGo)[2] and Google[3] are currently under consideration.

IndiGo filed a commitment application after the CCI directed a detailed investigation into allegations that it had abused its dominant position in the domestic aviation market. The allegations arose following widespread flight cancellations and a sharp increase in airfares in December 2025.

Google filed a commitment application after the CCI directed the DG to investigate allegations that Google had abused its dominant position in the markets for the Android operating system, the Google Play Store and Google Ads.

Rajya Sabha Review and Public Consultation

In its 257th Report, presented in July 2026, the Rajya Sabha Committee on Subordinate Legislation recommended monitoring and periodic review of the CCI’s settlements and commitments framework.[4]

Earlier in 2026, the CCI had invited public comments on proposed amendments to the Commitment Regulations. The CCI received 15 responses during the consultation process.

On 18 August 2026, the CCI notified the Competition Commission of India (Commitment) Amendment Regulations, 2026 (2026 Amendment). The 2026 Amendment primarily extends the timelines available to both applicants and the CCI during the commitment process, addressing issues relating to timelines, rectification of defects and adjustment of fees.

The 2026 Amendment: What Changed

Timeline Extensions

1. Filing deadline extended. The timeline for filing a commitment application under Regulation 3(3), following receipt of the CCI’s prima facie order under Section 26(1) of the Competition Act, has been extended from 45 days to 60 days.
2. Preliminary consideration window widened. The timeline for placing a complete commitment application before the CCI for preliminary consideration under Regulation 4(1) has been increased from 7 working days to 15 working days from receipt of the application. Under Regulation 4(1) of the Commitment Regulations, a commitment application is considered complete when it complies with the requirements of Regulation 3, containing all required information, documents, undertakings, waivers and the prescribed fee.
3. Overall proceedings timeline lengthened. The overall timeline for conclusion of entire commitment proceedings from the date on which the CCI receives a commitment application, as mentioned in Regulation 4(7), has been extended from 130 working days to 180 working days.
4. Exclusion of applicant-caused delays. A proviso inserted in Regulation 4(7) states that for the purpose of computing the 180-day period, any time taken or extension availed by the Commitment Applicant or any other party in furnishing requisite information, clarification, or response shall stand excluded.

Other Clarificatory Changes

The 2026 Amendment also brought certain clarificatory changes concerning:

• Clearance of defects, in particular, adjustment of filing fees
• Terminology referring to parties and their authorized representatives
• Updating references to the CCI (General) Regulations, 2024 (which replaced the CCI (General) Regulations, 2009)

Implications of the 2026 Amendment

1. The amendment makes the commitment mechanism more practical by giving both the applicant and the CCI more time to complete the process.
2. It may improve the quality of commitments because applicants have more time to design remedies and the CCI has more time to assess whether they address the competition concern effectively.
3. It can help the CCI achieve market correction through a remedial approach rather than always proceeding to a final finding and penalty.
4. The mechanism may be misused by parties to avoid a complete investigation or to delay proceedings by offering inadequate or merely formal commitments. The CCI must carefully scrutinise the proposed commitments, ensure that they effectively address the identified competition concerns, and establish appropriate monitoring and enforcement mechanisms.
5. The CCI should dispose of commitment proceedings expeditiously, preferably within the prescribed timelines or, where possible, even earlier. It should not adopt a routine or overly cautious approach that defeats the purpose of the amendment; speedy and effective decision-making is necessary to prevent continuing harm to competition in the market.
6. The amendments may be particularly beneficial because the CCI presently faces capacity constraints, including vacancies and insufficient staffing. By allowing early resolution of suitable matters, the commitment framework may help the Commission direct its limited administrative and investigative resources toward serious and complex cases.

Key Takeaway

The 2026 Amendment does not fundamentally change the commitment mechanism. It mainly makes the procedure more flexible and workable by extending the filing and consideration timelines and by excluding delays caused by parties in providing information. The overall aim is to give the CCI enough time to ensure that commitments actually address competition concerns while allowing businesses a fairer opportunity to prepare their proposals.

[1] CCI: In Re: Mr. Umar Javeed and Ors. v. Google LLC, Case No. 39 of 2018, dated 20.10.22.

[2] CCI: In Re: Kartikeya Rawal v. InterGlobe Aviation Limited, Case No. 44 of 2025, dated 04.02.26.

[3] CCI: In Re: Winzo Games Private Limited v. Google LLC and Ors., Case No. 42 of 2022, dated 28.11.24.

[4] Rajya Sabha, Committee on Subordinate Legislation, 257th Report on (i) the Competition Commission of India (Commitment) Regulations 2024; (ii) the Competition Commission of India (Settlement) Regulations 2024; (iii) the Competition Commission of India (Determination of Turnover or Income) Regulations 2024; and (iv) the Competition Commission of India (Determination of Monetary Penalty) Guidelines 2024 (July 2026).

Last Updated on 27 August, 2026