Law and Practice
1. Basic Legal Framework
1.1 Statutory Bases for Challenging Cartel Behaviour/Effects
The Competition Act, 2002 (Act) regulates anti-competitive conduct in India. Public enforcement actions regarding cartels in India are governed by Section 3 of the Act, which deals with anti-competitive agreements. Section 3(3) of the Act specifically deals with anti-competitive horizontal agreements, including cartels.
The Competition Commission of India (CCI) is the nodal agency for enforcement of cartel prohibition in India, aided by its investigative arm, the Office of the Director General (DG).
Please click here to read the full chapter by Farhad Sorabjee, Vaibhav Choukse, Ela Bali, and Aditi Khanna published in Chambers & Partners.
Ela is a partner with JSA’s competition law practice with 10 years of experience. She represents and advises clients across different sectors on enforcement and merger control matters before the Competition Commission of India (CCI), National Company Law Appellate Tribunal (NCLAT), Delhi and Bombay High Court, and the Supreme Court of India (SC).
Farhad is a senior partner at JSA. He has been in practice for over thirty years and has chaired the Firm’s disputes practice. Before joining the firm as a partner in 2005, Farhad practiced as counsel in leading chambers in Mumbai for over 15 years.
Vaibhav is a Partner with Firm’s Competition Law Practice with over 15 years’ experience.