The Competition Commission Of India's Role In Preventing Cartelization: Challenges And Effectiveness
- IJLLR Journal
- May 15
- 1 min read
Dr. Roopam Bundela, Gyanveer University Sagar
ABSTRACT
Cartelization, often referred to as the most egregious form of anti- competitive conduct, undermines market efficiency, restricts consumer choice, and inflates prices. In India, the Competition Commission of India (CCI), established under the Competition Act, 2002, serves as the primary regulatory body to detect, investigate, and penalise cartel behaviour. This research critically examines the role of the CCI in combating cartelization by analysing its statutory framework, enforcement mechanisms, notable case decisions, and coordination with other regulatory bodies. It further evaluates the effectiveness of tools such as the leniency programme, dawn raids, and economic analysis in unearthing covert cartel activities. The study also explores significant institutional, procedural, and evidentiary challenges that impede robust enforcement. Through comparative insights from jurisdictions such as the United States, European Union, and Australia, the paper identifies best practices and formulates recommendations to enhance the CCI’s deterrent and investigative capabilities. The analysis concludes that while the CCI has made notable strides in cartel enforcement, persistent challenges demand comprehensive reforms for sustained effectiveness in safeguarding market competition in India.
Keywords: Competition Commission of India (CCI), Cartelization, Anti- competitive practices, Competition Act 2002, Leniency Programme, Dawn raids, Market regulation, Cartel enforcement, Judicial interpretation, Comparative competition law, Collusion detection, Antitrust law, Price fixing, Regulatory challenges, Indian competition regime.
