Regulating Cartels in India Effectiveness of Competition Law

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.

Preface. List of Cases. Abbreviations. 1. Introduction 2. Conceptualizing Cartels 3. Characterizing Indian Cartels 4. Investigation of investigative procedures of CCI 5. Sanctioning Cartels 6. Organization Design and Anti-Cartel Enforcement 7. Conclusion

Sudhanshu Kumar is an experienced academician and is currently working as an assistant professor of law at NALSAR University of Law, Hyderabad, India. He is also the coordinator for the Centre for Corporate and Competition Laws at NALSAR. He offers papers on corporate and competition law for both undergraduate and post-graduate students. Some of his publications include books on competition law, consumer protection law and capital market. He has worked on multiple government-sponsored projects and has been engaged in training professionals and administrative officers on corporate and commercial laws. Dr Kumar is also a member of the Network of Indian Competition Experts (NICE) of the Competition Commission of India.