Circumstantial Evidence and Dawn Raids: A New Era of Antitrust Investigation in India

Competition Law Reports, April 2013

12 Pages Posted: 4 Jan 2015

See all articles by Avirup Bose

Avirup Bose

Competition Commission of India

Date Written: April 4, 2013

Abstract

The article examines the scope of the use of circumstantial evidence by the Competition Commission of India (CCI) in prosecuting cartels and other anti-competitive agreements. The article thereafter discusses the provisions of the Competition (Amendment) Bill of 2012 relating to the enhancing of the ‘dawn raid’ powers of the CCI and how such powers may herald a new era of antitrust investigations in India. How should the CCI use such dawn raid powers and what steps should companies take to prepare themselves if and when the CCI come knocking, forms the concluding parts of the article.

Keywords: India, competition law, cartels, circumstantial evidence, dawn raid, competition compliance

JEL Classification: K21, L41, L49

Suggested Citation

Bose, Avirup, Circumstantial Evidence and Dawn Raids: A New Era of Antitrust Investigation in India (April 4, 2013). Competition Law Reports, April 2013, Available at SSRN: https://ssrn.com/abstract=2544832

Avirup Bose (Contact Author)

Competition Commission of India ( email )

The Hindustan Times House
18-20 Kasturba Gandhi Marg
New Delhi, 110001
India

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