CCI Notifies Revised Commitment Regulations 2026 Extending Filing Window for Antitrust Settlement Applications

The Competition Commission of India (CCI) has notified the Competition Commission of India (Commitment) (Amendment) Regulations, 2026, dated August 18, 2026, introducing significant changes to the commitment and settlement framework under the Competition Act, 2002. The most notable amendment extends the filing window for commitment applications from 45 days to 60 days from the date of receipt of the CCI's investigation report, and increases the total timeline for the commitment process from 130 days to 180 days.

Background: The Commitment Mechanism

The commitment mechanism under Section 48A of the Competition Act allows parties under investigation for anti-competitive agreements (Section 3) or abuse of dominant position (Section 4) to offer commitments to the CCI in exchange for closure of the investigation. The mechanism, introduced by the Competition (Amendment) Act, 2023, is designed to resolve competition concerns more efficiently than full adjudication, benefiting both the regulator and the parties under investigation.

The original Commitment Regulations, notified in 2024, established the procedural framework for filing applications, the CCI's preliminary consideration, and the final decision. However, market participants and legal practitioners have raised concerns that the original timelines were too tight, particularly for complex investigations involving multiple parties or cross-border elements.

Key Amendments

The 2026 amendment makes three principal changes to the commitment framework:

First, the filing window for commitment applications has been extended from 45 days to 60 days from the date of receipt of the Director General's investigation report. This additional 15-day window gives parties more time to assess the investigation findings, consult with legal advisors, and formulate appropriate commitment proposals. For complex investigations involving multiple product markets or geographic markets, the original 45-day window was considered insufficient.

Second, the time allowed for the CCI's preliminary consideration of commitment applications has been increased from 7 working days to 15 working days. This change reflects the practical reality that the CCI needs adequate time to assess whether a commitment application is prima facie suitable for further consideration, particularly when the underlying investigation is complex.

Third, the overall timeline for the commitment process has been extended from 130 days to 180 days. This end-to-end extension accommodates the longer filing and preliminary consideration windows and provides additional time for negotiations between the CCI and the applicant on the terms of the commitment.

Current Applications Under Consideration

The revised regulations come at a time when the CCI has two significant commitment proposals under consideration. InterGlobe Aviation (IndiGo) has filed a commitment application in connection with the CCI's investigation into alleged abuse of dominant position in the domestic air travel market. Google has also filed a commitment application relating to the CCI's investigation into its conduct in the Android ecosystem, a matter that has been under scrutiny for several years.

In practice, the extended timelines are likely to benefit both pending applications. The Google Android investigation, in particular, involves complex technical and market definition issues that require careful assessment of any proposed commitments. The European Commission's experience with commitment decisions in the Google Shopping and Google Android cases demonstrates that such matters require extensive engagement between the regulator and the parties, often involving market testing of proposed commitments with affected third parties.

CCI Quorum and Institutional Capacity

The regulatory amendment also comes against the backdrop of the CCI facing a quorum challenge. With two member vacancies, the Commission's capacity to adjudicate matters has been constrained. The commitment mechanism offers a potential relief valve: by resolving investigations through negotiated commitments rather than full adjudication, the CCI can reduce its adjudicatory burden while still achieving competition enforcement objectives.

The Supreme Court in Competition Commission of India v. Steel Authority of India Ltd., (2010) 10 SCC 744, emphasized the importance of the CCI functioning as a properly constituted body with adequate quorum. The commitment mechanism, by reducing the number of matters requiring full bench adjudication, helps the CCI maintain its effectiveness even during periods of reduced membership.

Comparative Context

The extended timelines bring the Indian framework closer to international standards. The European Commission's commitment procedure under Article 9 of Regulation 1/2003 does not prescribe strict timelines, allowing significant flexibility in the negotiation process. The UK Competition and Markets Authority's commitment framework also provides for extended timelines, with market testing periods of up to 90 days. The CCI's revised 180-day total timeline, while still shorter than the typical European or UK process, provides a more realistic window for meaningful engagement.

Implications for Businesses

In practice, the extended filing window and overall timeline should encourage greater use of the commitment mechanism. Under the original 45-day filing window, parties in complex investigations often faced a difficult choice between filing a preliminary and potentially inadequate commitment application or foregoing the commitment route entirely. The 60-day window, combined with the 180-day total timeline, provides more room for parties to develop well-considered proposals that are more likely to be accepted by the CCI.

Companies facing CCI investigations should reassess the commitment option in light of the revised timelines. The extended windows make it feasible to pursue commitments even in complex multi-party investigations where the original timelines would have been impractical.

Sources and References

• Competition Commission of India (Commitment) (Amendment) Regulations, 2026, dated August 18, 2026

• Competition Act, 2002, Section 48A (Commitment mechanism)

• Competition (Amendment) Act, 2023 (Introduction of commitment and settlement provisions)

• Competition Commission of India v. Steel Authority of India Ltd., (2010) 10 SCC 744 (CCI quorum and functioning)

• European Commission, Regulation 1/2003, Article 9 (Commitment decisions in EU competition law)

• Business Standard, "CCI amends commitment regulations, extends filing window to 60 days," August 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Readers should consult a qualified legal professional for advice specific to their circumstances.