Competition Law in India: Perspectives

Pingali, Viswanath; Chaudhuri, Manas Kumar; Malik, Payal; Tamara, Ram; Kakkar, Avaantika; Chatterjee, Chirantan; Mondal, Shamim S.; Sokol, D. Daniel

doi:10.1177/0256090916647222

Cited by 5 publications

(3 citation statements)

References 1 publication

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“…Cartel busting requires certain specialist skills as compared to the skills required for investigation and prosecution of other violations of the competition law (Majumdar, 2014). In the case of cartels, the attention lies on proving the existence of the arrangement itself rather than demonstrating its on the market in economic terms (Pingali et al, 2016). An increasing number of Competition Authorities, in this way, have set up special cartels branches and the inspiration to do so is to create centres of excellence about the expertise required in organizing search and raids, interviewing witnesses, etc.…”

Section: Effectiveness Of CCI As Regulator In Combating Cartelisationmentioning

confidence: 99%

Regulating Competition and Cartelisation in the Corporate Real Estate Sector: The Emerging Market Case

2021

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The main reason for an increase in cartelisation can be attributed to the liberalisation of the economy in India resulting in de-regulation and empowering the enterprises to be at the helm of their affairs. Cartelisation as per UNCTAD impedes healthy competition by fixing prices and restricting supply. The paper gains significance as India aspires to provide housing to all by 2022 but the COVID-19 pandemic coupled with the issue of cartelisation has worsened the situation. The boom in the Corporate Real Estate sector has been coupled with an increase in the anti-competitive practices prevailing in this sector and has negatively impacted the economy. The paper has analysed the provisions in the Indian legal regime as well the legal regimes of the USA and UK regarding cartelization. The Indian regime falls short on various counts when compared with the law of developed nations like the USA and UK, which must be tackled on a war footing. The sector has the potential of opening up numerous opportunities including providing jobs to the Indian youth. The paper aims at providing relevant suggestions in that regard, including the need for whistleblower protection and to have a Cement Regulatory Authority among other things that might prove helpful for the legislators aiming to attract 100 lakh crores in the infrastructure sector in the next five years.

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Section: Effectiveness Of CCI As Regulator In Combating Cartelisationmentioning

confidence: 99%

Regulating Competition and Cartelisation in the Corporate Real Estate Sector: The Emerging Market Case

2021

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“…India is one of the closing foremost frequent regulation democracies to adopt the modernday competition law; therefore, it has the benefit of drawing persuasive values from matured jurisdictions (Pingali et al, 2016).…”

Section: Picbe | 958mentioning

confidence: 99%

“…Adopting an 'economic approach' to the application of opposition regulation offers a reasonably sound and capable framework for generating client welfare and financial efficiency (Pingali et al, 2016)).…”

Section: Picbe | 958mentioning

confidence: 99%

The legal regime of competition in India

Maican

2021

Proceedings of the International Conference on Business Excellence

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The study of the competition legislation in India has as justification the fact that the indian economy has one of the biggest growth rates in the world, India being the biggest democracy in the world. At the beginning, India had its own competition law, called the Monopolies and Restrictive Trade Practices Act 1969 (MRTP Act). After the initiation of economic liberalization in 1991, it became imperative to put in place a competition law regime that was more responsive to the economic realities of the nation and in accordance with international practices. In 2002, the Indian Parliament voted for a new law, Competition Act, to regulate business practices in India. The Competition Act has as its goal to regulate three types of conduct (anti-competitive agreements, abuse of a dominant position and combinations). The Competition Act was amended by the Competition (Amendment) Act in 2007 and 2009. The Competition Act has also created a new enforcement body, the Competition Commission of India (CCI), which is responsible for the enforcement of the Competition Act. According to the provisions of the Competition Act, is allowed to make an appeal to the Competition Appellate Tribunal (COMPAT) against the decisions of the CCI. A further appeal from the decision of the COMPAT may be submitted before the Supreme Court of India. In the same, the Competition Act is taking into consideration its enforcement with the aid of mutual international support and enforcement networks across the world.

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Antitrust in India

Debnath

2022

Global Encyclopedia of Public Administration, Public Policy, and Governance

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Competition Law in India: Perspectives

Cited by 5 publications

References 1 publication

Regulating Competition and Cartelisation in the Corporate Real Estate Sector: The Emerging Market Case

Regulating Competition and Cartelisation in the Corporate Real Estate Sector: The Emerging Market Case

The legal regime of competition in India

Antitrust in India

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