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Role Of CCI In Combating Cartilization: Challenges And Efficacy




Osho Gupta, LLM (CB&IL), Amity University, Noida, Uttar Pradesh


ABSTRACT


In this paper, we will review the function of the Competition Commission of India (CCI) towards addressing the problem of cartelization, and discuss its effectiveness as an organization that helps keep competitive markets in order. Cartelization is a major concern for the economy since it refers to anti- competitive behaviour among companies involved in price-fixing, limiting of production levels, and market allocation deals. In terms of Indian economy, the Competition Commission of India is a regulatory body established to address cartels and monopolies based on the Competition Act, 2002.


We will assess how the Commission functions in terms of detection, investigation and sanctions applied against the identified cartels. We will examine specific examples of the CCI's work with respect to different industries including cement manufacturing, pharmaceutical production, and public purchases. Challenges faced by the CCI such as difficulties in gathering evidence, procedural obstacles, judicial review of decisions, etc. will be examined in our paper as well.


Moreover, the study examines the effectiveness of the CCI’s deterrence policy through the analysis of the patterns of detection of cartels and compliance within firms. Though considerable success has been achieved with regard to the enforcement of competition law and raising awareness, there still exists a concern about the sufficiency of sanctions as well as the speed of the judicial process. It is suggested that institutional strengthening, technological advancements, and international cooperation can facilitate the process.


To summarize, the results of the study indicate that the CCI has become an important body in terms of preventing cartelization in India; however, its efficiency relies on further changes and improvements.



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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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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