The Role Of The Competition Commission Of India In Preventing Cartelization
- IJLLR Journal
- 1 hour ago
- 1 min read
Gargi Mukherjee, Research Scholar, ICFAI Law School, IFHE, Hyderabad
ABSTRACT
The presence of Cartelization results in a substantial distortion in competitive markets, causing a negative impact on Consumer Welfare, Innovation, and Economic Efficiency. Within India, the Competition Commission of India (CCI) acts as the main governing body that has been established by the Competition Act 2002 to deal primarily with issues relating to Anti Competitive Agreements, including Cartels. The paper focuses on the ability of CCI to detect, investigate, and punish cartelisation within Cement, Pharmaceuticals, and Automobiles.
The goal of the study is to assess whether the legal framework in place for competition law and the enforcement processes currently being applied by the Commission of Competition will adequately govern competition between businesses operating in India. To do this, the study will use a doctrinal research approach which will include a review of statutorily regulated legislation, judicial case law and current operational practices, as well as interpreting factors that impact the existence of cartels through law and economics to provide a more in-depth understanding of how a cartel operates and how to prevent them from existing within the marketplace. The purpose of this research will be to contribute to the body of knowledge regarding the Regulation of Cartels by identifying both institutional and procedural aspects of the regulatory framework for Cartels; and to establish a basis for developing stronger enforcement to promote a competitive market in India.
Keywords: Competition Commission of India; Cartelization; Antitrust enforcement; Oligopoly; Leniency
