The Indian Competition Authority holds that information exchange is not a standalone violation of the Indian Competition Act (Flashlights cartel)

On 6 November 2018, the Competition Commission of India (CCI) found that four manufacturers/traders of flashlights and their trade association (the Opposite Parties) were not involved in cartelisation as, despite an information exchange, there was not enough corroborating evidence to suggest a cartel fixing prices of flashlights. [1] Significantly, the CCI reached this conclusion despite the fact that two of the five parties had applied for leniency. Background This case was commenced on the basis of a lesser penalty application filed in September 2016 by Eveready Industries India Ltd. (Eveready). A second lesser penalty application, by Panasonic Energy India Co. Ltd. (Panasonic), was filed shortly afterwards. The leniency applicants produced evidence of exchanges of information on