Section 39: Leniency

39. Leniency.__ (l) The Commission may, if it is satisfied tha t any undertaking which is a party to a prohibited agreement and is alleged to have violated Chapter II prohibitions, has made a full and true disclosure in respect of the alleged violation, impose on such undertaking a lesser penalty as it may deem fit, than that provided in section 38. (2) Any exemption from a penalty or imposition of a lesser penalty shall be made only in respect of an undertaking that is a party to a prohibited agreement which first made the full and true disclosure under this section. (3) The Commission may, if it is satisfied that any undertaking which has been granted lenient treatment under sub-section (1) failed to comply with the conditions on which a lesser penalty was imposed had given false evidence, revoke the leniency provis ion and impose on the undertaking the penalty provided under section 38.

Effective date: 2010-01-01

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