A Look Into Private Enforcement Under Competition Law In India

Parnika Jain, O.P. Jindal Global University

ABSTRACT

This paper will deal with where the law stands today with respect to private enforcement in Competition Law in India. There has been a constant and prolonged debate concerning the term “any person” mentioned in Section 53 N of the Competition Act, 2002. The core conflict being whether that term includes litigation initiated by an individual. My paper discusses at length the advantages and disadvantages of allowing private enforcement. Supporters of private enforcement believe that such litigation should be allowed as it is the only way for an individual to bring about a claim against anti-competitive practices. Whereas others believe that if this is allowed it will lead to complications. The beginning of my paper delineates the concept of private enforcement under Indian jurisprudence. To arrive at a credible conclusion I will look into the law surrounding this across various legal systems. As a fitting conclusion to my research I will outline a possible solution to deal with the complications that might arise if this mechanism is enforced.