Combating Cartels in India

10 Pages Posted: 28 Jan 2014 Last revised: 21 Mar 2014

See all articles by Vishakha Deshwal

Vishakha Deshwal

West Bengal National University of Juridical Sciences

Date Written: October 20, 2013

Abstract

While the Competition Law is still evolving in India, we often come across Cartelisation across all market sectors - oil, gas, potash, cement and so on. Cartelisation refers to the process of forming Cartels which is a group of independent companies engaged in similar business that join together to fix prices, limit production or share consumers. The Competition Act, 2002, a part of which came into effect in 2009 prohibits “Cartels”. However, this prohibition is not sufficed to put deal with the problems that such cartels pose for the economy and ultimately, the consumers. The paper studies the reasons why the present competition law in India is not adequately competent in dealing with prohibition of cartels and penalising the corporations involved in such unfair trade practices. It further discusses plausible amendments that can be made to the current legislation so as to ensure effective application of the same by way of comparing the competition laws across different nations.

Keywords: Competition Law, Cartelisation, Collusion, Price Fixing, Leniency Policy

Suggested Citation

Deshwal, Vishakha, Combating Cartels in India (October 20, 2013). Available at SSRN: https://ssrn.com/abstract=2385937 or http://dx.doi.org/10.2139/ssrn.2385937

Vishakha Deshwal (Contact Author)

West Bengal National University of Juridical Sciences ( email )

Sector 3, Salt Lake City
Kolkata
Kolkata, MD West Bengal 700098
India

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
620
Abstract Views
1,852
rank
55,399
PlumX Metrics