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Combating Cartels In India


Iman Jamal Siddiqui, LLM (IP) student at Amity Law School, Noida

Iqurah Nayab, BALLB (Hons.) from Aligarh Muslim University


ABSTRACT


The research paper explores the concept of cartels, their formation, and their detrimental impact on market competition, with a focus on both Indian and global contexts. It emphasizes how cartels, formed through explicit or implicit agreements among competitors, manipulate market prices, restrict supply, and hinder fair competition, ultimately harming consumer welfare. The paper provides a comprehensive overview of Indian anti-cartel regulations, including the evolution from the MRTP Act to the Competition Act, 2002, which introduced more robust provisions and the establishment of the Competition Commission of India (CCI). Key enforcement tools such as the leniency program and penal measures are discussed alongside global frameworks like the Sherman Act in the U.S. and EU competition laws. The study compares international strategies for combating cartels, including leniency mechanisms and cross-border cooperation. Case studies from India and abroad illustrate successful enforcement actions. Despite advancements, challenges remain, such as digital cartels and cross-jurisdiction enforcement issues. The paper concludes by recommending enhanced detection mechanisms, stronger penalties, and increased international collaboration to ensure effective cartel deterrence and the protection of market integrity.


Keywords: cartels, competition, cooperation, challenges and international collaboration.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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