The genesis and ailments of cartel regime in India: a critical analysis

Abstract

ABSTRACT The past 10 years witnessed rapid development in the jurisprudential framework of antitrust policy in India. The Competition Commission of India’s sector-agnostic approach in busting anti-competitive conduct has allowed it to drive pro-competitive reforms in various sectors. In this context, the Competition Commission of India has taken a keen interest in addressing the issue of cartelization. This article delineates the manner in which the Competition Commission of India identifies and imposes liability on cartels, with the aim of increasing regulatory compliance and promoting robust competitive markets. This involves a review of the evolving standards of proof adopted by the Competition Commission of India, and jurisprudential concepts introduced to address the peculiarities of Indian markets. The article also seeks to provide insight into the procedural hurdles typically encountered during cartel investigations. Finally, it addresses the constant conflict the Competition Commission of India faces with other fairly established sectoral regulators.