Cartels In The Algorithmic Age: India’s Legal Framework For Hub-And-Spoke Collusion
- IJLLR Journal
- Jul 2
- 1 min read
Ayushi Singh, Gujarat National Law University, Gandhinagar
Jai Kumar Bohara, National Law School of India University, Bangalore
ABSTRACT
Hub-and-spoke cartels represent a complex form of anti-competitive conduct where coordination occurs between competitors through a common intermediary. These arrangements often blur the line between horizontal and vertical agreements, making detection and enforcement difficult. Indian competition law does not expressly recognise hub-and-spoke cartels, but the Competition Commission of India has examined such conduct under the broader framework of Section 3 of the Competition Act, 2002. This article explores how the Commission and appellate bodies have approached these cases, especially in markets where pricing is influenced by platforms or algorithms. It also considers whether current legal standards are equipped to address tacit coordination in digital contexts. Decisions from the United States, European Union, and United Kingdom are discussed to highlight possible approaches that Indian enforcement authorities could adopt. The article argues that a more structured framework is needed to assess indirect collusion, particularly when direct evidence is unavailable. It concludes that doctrinal clarity, supported by regulatory guidance and technical expertise, will help ensure that competition law remains effective in addressing evolving forms of market coordination.
