CARTEL REGULATION: A CRITICAL STUDY WITH SPECIAL REFERENCE TO INDIA,

Abstract

Competition law is an integral part of policy making in today’s times. In line with this, India enacted its Competition law in the form of Competition Act, 2002. There are certain core areas of competition law of India contained in sections 3 to 6 of the Competition Act, 2002. When it comes to competition law enforcement, India is keeping its date with the developed jurisdictions. Before the advent of competition law, there were in operation what one may call as trusts or cartels across the globe. These were sought to be controlled by competition law. In light of the above, the present paper seeks to analyze the importance of cartel control in India in light of the cartel control provisions in the jurisdictions of the US, EU, Germany and Japan. The authors of the present paper confines their study to the aforementioned jurisdictions as the Indian law on competition is based on the relevant country’s law as stated above. The present paper shall analyse the problem of cartels, detection and prosecution of cartels and suggest ways to improve cartel control measures in light of the Leniency programme.