Cartel regulation—India—Q&A guide
Cartel regulation—India—Q&A guide

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Cartel regulation—India—Q&A guide
  • 1. What is the relevant legislation?
  • 2. Which authority investigates cartel matters? Is there a separate prosecution authority? Are cartel matters adjudicated or determined by the enforcement agency, a separate tribunal or the courts?
  • 3. Have there been any recent changes, or proposals for change, to the regime?
  • 4. What is the substantive law on cartels in the jurisdiction?
  • 5. To what extent are joint ventures and strategic alliances potentially subject to the cartel laws?
  • 6. Does the law apply to individuals, corporations and other entities?
  • 7. Does the regime apply to conduct that takes place outside the jurisdiction (including indirect sales into the jurisdiction)? If so, on what jurisdictional basis?
  • 8. Is there an exemption or defence for conduct that only affects customers or other parties outside the jurisdiction?
  • 9. Are there any industry-specific infringements? Are there any industry-specific defences or exemptions?
  • More...

Cartel regulation—India—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to cartel regulation in India published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: Saikrishna & Associates—Anima Shukla; Subodh Prasad Deo

1. What is the relevant legislation?

The relevant legislation is the Competition Act 2002 (the Act).

2. Which authority investigates cartel matters? Is there a separate prosecution authority? Are cartel matters adjudicated or determined by the enforcement agency, a separate tribunal or the courts?

The Director General investigates cartel matters upon receiving a direction from the Competition Commission of India (CCI), the prosecution authority. Cartel matters are adjudicated and determined by the CCI.

3. Have there been any recent changes, or proposals for change, to the regime?

There has been no significant change in the regime, except for certain changes in the combination regime, most notable of which is the introduction of an automatic system of approval for combinations under the Green Channel.

4. What is the substantive law on cartels in the jurisdiction?

The substantive law on cartels is contained in the Act. The Act, among other things, prohibits agreements that cause or are likely to cause an 'appreciable adverse effect on competition' (AAEC) in India. The term 'agreement' is very widely defined under the Act and includes any arrangement, understanding or action in concert. Under the Act, cartels are agreements

Popular documents