The European Commission recently released a Competition Policy Brief on it’s Commitment Decisions.

“In a nutshell The Commission retains a margin of discretion in the choice of opting for an Article 7 prohibition decision or an Article 9 commitments decision. The choice depends on the main objectives pursued and the specific features of the case. In practice, commitment decisions are not appropriate in cases calling mainly for imposing high fines for past behaviour, or where no effective, clear and precise remedy is identifiable. They are only possible when companies are willing to offer appropriate commitments.”

The topic isn’t particularly relevant for India as of today, since the Competition Act as of now does not allow the C.C.I. to “settle/compromise” cases or investigations. But the transparency adopted by the E.C. is definitely encouraging. For example, one would definitely like the C.C.I. to release guidelines on the determination of penalty as a start.