Neeraj Kumar Garg, LLM (Corporate Law), School of Law, Galgotias University, Greater Noida
ABSTRACT
The problem of cartels is, no doubt, one of the major hurdles in effective competition and undermines consumer interest so much so in fact that it is not only confined to India alone but cuts across national boundaries. It became necessary that the Indian parliament brings an act to provide for the prevention ofanti-competitive practices and in the spirit The Competition Act 2000 was enacted which provided for the establishment of the Competition Commission of India (CCI) which was to be responsible for enforcing and promoting healthy and fair competition throughout the Indian market and prevent activities that would negatively affect the competition in India.
The objective of this research paper is to discuss the legal implications of cartels and its adverse effect to the competition in India, offences defined in the Act for Cartel activity, the Prosecution, Extraterritorial Reach of CCI, investigation into the cartels, factors to be considered in assessing Cartel activity and the penalties provided.
This paper will be written with the help of doctrinal research method where for obtaining stated objective Competition Law, journals and various case laws will be used for study.
Keywords: Cartel, Cartelization, anti-competitive agreements, fair competition, CCI, competition, adverse effect
