This book presents a comprehensive assessment of anti-cartel enforcement and investigative procedures in India. It makes a case for enhanced sanctions for cartel conduct in India. Cartels are considered the most pernicious violation of competition law, referred to as "cancer to the free market economy". While competition laws in most jurisdictions prescribe strict sanctions against cartels, Indian Competition Law provides only civil penalties, with an upper ceiling for proven cartel conduct. This volume assesses the effectiveness of anti-cartel enforcement of the Competition Commission of India (CCI). It explores investigative procedures of the CCI through multiple qualitative and quantitative indicators and the extent to which enforcement of anti-cartel laws in India has led to cartel deterrence. Further, it also examines the priorities and processes of the CCI in terms of anti-cartel enforcement, their sanctioning mechanism and their dependency of computation of penalty on varied factors. Featuring detailed case law studies and engaging data, this book will be an essential read for students and researchers of law and legal studies, competition law, corporate law, intellectual property law, and business law.

Antitrust law has been a constant effort to balance the interests of two competing stakeholders: consumers and corporations. These categories are by no means monolithic, and the conflict of corporate interests is the very basis of market competition. Since the late 1800s, various legal systems began to adopt legal regimes to keep market competition fair.Every regulatory regime is constantly criticized for: being too broad; being too narrow; stifling the market; failing to adapt to changes in technology; allowing unscrupulous actors to continue to operate; failing to adequately regulate cartels; and in many other ways failing to live up to its unachievable goal of balancing perfectly the interests of its stakeholders.The Sherman Act of the United States, for example, adopted a broad approach, leaving much up to administrative and judicial discretion. The European Union adopts a similar approach, with some significant differences. The Indian regulatory regime, as exemplified in the Competition Act of 2002, upends these principles with narrow definitions, and comparatively limited enforcement capability.We argue that the lack of advancement in India's antitrust policies is a result of flawed institutional principles and is not confined to failures of execution; and propose a plan of action to revamp competition law in India. In Part I, we focus on long-term solutions, and extract institutional principles from the US approach (the “Accountability Model”) and the EU approach (the “Expertise Model”) and advance the “Structured Accountability” approach as a particular solution to the Indian scenario, which combines the formal legal approach of the US system with the lenient participatory approach of the EU. In Part II, we recognise that the present Competition Act, 2002, has various and definite lacunae, and we identify and suggest additional measures with regard to the regulation of Cartels and the current issues with the Competition Commission of India's (CCI's) rule-making power.

Introduction to Competition Law --Anti-competitive Agreements and Competition Law --Abuse of Dominance and Competition Law --Mergers and Competition Law --Intellectual Property and Competition Law.

Cartel regulation is a prime element of competition policy and an essential means of minimising the adverse effects of cartel activity on economic welfare. However, effective cartel regulation poses distinct challenges for governments, competition authorities and commentators across the globe. In Australian Cartel Regulation, leading competition law experts Caron Beaton-Wells and Brent Fisse reflect on developments in anti-cartel law in Australia over the last 30 years. They provide a comprehensive account of the current law on cartels as well as discussing key issues that may arise in the future. This definitive volume not only identifies the practical and theoretical issues, but also recommends workable solutions, and does so with the benefit of comparative analysis of the anti-cartel laws of major overseas jurisdictions. Many of the issues identified and discussed in Australian Cartel Regulation are common to any scheme designed to regulate cartel conduct.

Cartel Regulation, edited by A Neil Campbell of McMillan LLP, addresses the most important issues practitioners face to mitigate the fines imposed on clients under the scrutiny of antitrust authorities. Featuring expert local insight into cartel regulation across 41 jurisdictions, the book covers crucial topics such as: relevant legislation and substantive law,industry-specific offences and defences, steps in an investigation, investigative powers, international cooperation, interplay between jurisdictions, adjudication, appeal process, criminal, civil and administrative sanctions, private damage claims and class actions, recent penalties, sentencing guidelines, leniency and immunity programmes, defending a case and getting the fine down. In an easy-to-use question and answer format, trusted and reliable information on key topics of law and regulation in this area is provided by leading practitioners around the world. As well as in-depth comparative study of the topic from the perspective of leading experts there are also editorial chapters covering Brexit, the ICN, a global overview and also a quick reference table proving a brief overview of procedural guidelines. "e;The comprehensive range of guides produced by GTDT provides practitioners with an extremely useful resource when seeking an overview of key areas of law and policy in practice areas or jurisdictions which they may otherwise be unfamiliar with."e; Gareth Webster, Centrica Energy E&P

The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.