INTERNATIONAL: INDIA - CARTEL ENFORCEMENT - HORIZONTAL AGREEMENTS - REGULATION - LENIENCY - SANCTIONS

India: Cartel enforcement – The past, the present and the future

This article provides a primer on the latest trends and developments dealing with cartel enforcement and regulation in India. The article will cover the legislative provision in India regulating cartels, case law developments and future trends based on the current enforcement trends.

I. Introduction 1. Competition law in India is regulated through the Competition Act, 2002 (“Competition Act”) [1] with the objective “to prevent practices having an adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in markets, in India, and for matters connected therewith or incidental thereto.” [2] 2. On May 20, 2009, provisions dealing with anti-competitive agreements and abuse of dominance, amongst others, were effectuated. Subsequently, the provisions relating to combinations (acquisitions, mergers and amalgamations) came into effect through a gazette notification issued by the Government of India, with effect from June 1, 2011. 3. As Indian competition

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Kalyani Singh, Karan Singh Chandhiok, Sarthak Pande, India: Cartel enforcement – The past, the present and the future, May 2018, Concurrences Review N° 2-2018, Art. N° 86694, pp. 216-223

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