An Analytical Overview Of Anti-Competitive Agreements Under Competition Law
- IJLLR Journal
- 6 days ago
- 1 min read
Mahitha Jagadeesh, School of Law, Christ (Deemed to be University), Bengaluru
ABSTRACT
This study intends to analyse anti-competitive agreements as delineated by the Competition Act of 2002, emphasizing the differentiation between horizontal and vertical agreements, the significance of appreciable adverse effect on competition, and the efficiency of the Competition Commission of India in enforcement. Prior research has substantially advanced the comprehension of Indian competition law; nonetheless, it frequently remains descriptive, missing comparative analysis with international frameworks and neglecting the issues presented by digital markets and cross-border activities. The study employs a doctrinal research methodology, enhanced by an analytical evaluation of case law, statutory provisions, and a comparative assessment of the US and EU frameworks to address these deficiencies. The findings indicate that although Section 3 offers a robust theoretical framework differentiating horizontal and vertical constraints, practical enforcement is obstructed by evidence difficulties, protracted hearings, and insufficient mechanisms for cartel identification. The study indicates that digital and international marketplaces reveal deficiencies in existing legal frameworks, requiring aggressive adjustments. The societal implications of the study emphasize that robust regulation and explicit guidance can safeguard consumers against predatory behaviours, promote equitable market conditions for enterprises, and improve economic efficiency. The report indicates that India must enhance its AAEC framework, fortify procedural instruments, and adopt global best practices to tackle both conventional and emergent difficulties. By enhancing institutional capacity, regulation clarity, and international collaboration, India can establish a more robust and efficient competition law framework that ensures market fairness in the changing economic environment.
Keywords: Anti-Competitive Agreements, Competition Law, Competition Commission of India, Consumer Welfare, Digital Economy, Horizontal Agreements, Vertical Agreements
