The Increasing Role of Economic Evidences in Prosecution of Cartels
Competition Commission of India, Forthcoming
42 Pages Posted: 27 Sep 2011
Date Written: January 28, 2011
People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices. It is impossible indeed to prevent such meetings, by any law which either could be executed, or would be consistent with liberty and justice. (Adam Smith, The Wealth of Nations, 1776) The aforesaid statement was said in the 18th century but it still holds some water in the 21st century. The only thing which has changed is that we have come closer to bind perpetrators of such conspiracies by making our rules more comprehensive through a mature understanding of law. The competition law1 which is commonly known as anti-trust law has always been a tough law to implement for any country because of the plethora of challenges. One of those challenges posed is by the unavailability of evidences in the prosecution of cartels. Cartels are 'the most egregious violations of competition law. The intention of this paper is to explore this challenge and also to study the role of economic evidences as a special case of development in the antitrust litigation.
Further, this paper has undertook a special case of EU and US antitrust laws and cases decided to discuss the aforesaid issue. At last the Indian perspective has dealt discussing the nature of growth of competition law in India.
Keywords: competition law, competition law in india, cartels, prosecution of cartels, anti trust, economic evidences, tacit collusion, indirect evidences
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