Study of Cartel Case Laws in Select Jurisdictions: Learnings for the Competition Commission of India


CUTS Centre for Competition, Investment & Economic Regulation (CCIER) has undertaken a project to study cartel cases that have been tried under the Monopolies and Restrictive Trade Practices (MRTP) Act 1969 and similar cases of cartels investigated in other countries. Cartels are difficult to unearth. Despite this, several cases were tried under the MRTP Act, with mixed results. While in some cases, cartelisation was established and a cease and desist order passed, other cases were either stayed by the high courts or Supreme Court, or dropped. The study thus aims to identify practical difficulties in proving the existence of cartels. The research proposes to examine cartel cases in select foreign jurisdictions to derive relevant learnings for the Competition Commission of India (CCI) to develop an approach for dealing with cartels in the light of the provisions of the Competition Act. The study would be a mix of theoretical and empirical analyses and based on both primary and secondary information.

CUTS is implementing the project in partnership with National Law Univesrity, Jodhpur

The project is supported by DFID and the FIAS (of the World Bank)

Contact Person and Implementing Organisation

Udai Mehta / Rijit Sengupta

CUTS International
Centre for Competition, Investment & Economic Regulation (C-CIER)
D-217 Bhaskar Marg, Bani Park
Jaipur 302 016, India

Tel: 91 141 2282821, Fax: 91 141 2282733
Email: c-cier@cuts.org
usm@cuts.org
rsg@cuts.org
URL : http://www.cuts-international.org

In Association With

National Law University, Jodhpur
NH-65 Nagaur Road
Mandore, Jodhpur
Tel: 91 291 2577595, Fax: 91 291 2577540
Email: nlu-jod@raj-nic.in
URL : http://www.nlujodhpur.ac.in/