Regulating Cartels In India
DOWNLOAD
Download Regulating Cartels In India PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Regulating Cartels In India book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Regulating Cartels In India
DOWNLOAD
Author : Sudhanshu Kumar
language : en
Publisher: Taylor & Francis
Release Date : 2022-11-23
Regulating Cartels In India written by Sudhanshu Kumar and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-23 with Law categories.
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.
Cartel Regulation
DOWNLOAD
Author : Lovely Dasgupta
language : en
Publisher:
Release Date : 2014
Cartel Regulation written by Lovely Dasgupta and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Antitrust law categories.
Competition Law In India
DOWNLOAD
Author : Nihal Sahu
language : en
Publisher:
Release Date : 2019
Competition Law In India written by Nihal Sahu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
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.
Competition Law In India
DOWNLOAD
Author : Abir Roy
language : en
Publisher:
Release Date : 2016
Competition Law In India written by Abir Roy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
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.
Towards A Functional Competition Policy For India
DOWNLOAD
Author : Pradeep S. Mehta
language : en
Publisher: Academic Foundation
Release Date : 2005
Towards A Functional Competition Policy For India written by Pradeep S. Mehta and has been published by Academic Foundation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Competition categories.
This Study Tracks The Evolution Of Competition Policy And Law In India; Discusses The Interface Of Competition Policy With Government Policies (At The Federal As Well As State Level), And Consumer Welfare; And Identifies Competition And Economic Regulation Issues In Agriculture, Manufacturing, And Services. A Useful Study For Those Interested In Economic Policies, In General, And Competition Policy In Particular.
Competition And Regulation In India 2007
DOWNLOAD
Author : Pradeep S. Mehta
language : en
Publisher:
Release Date : 2007
Competition And Regulation In India 2007 written by Pradeep S. Mehta and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Competition categories.
Combating Cartels In India
DOWNLOAD
Author : Vishakha Deshwal
language : en
Publisher:
Release Date : 2014
Combating Cartels In India written by Vishakha Deshwal and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
While the Competition Law is still evolving in India, we often come across Cartelisation across all market sectors - oil, gas, potash, cement and so on. Cartelisation refers to the process of forming Cartels which is a group of independent companies engaged in similar business that join together to fix prices, limit production or share consumers. The Competition Act, 2002, a part of which came into effect in 2009 prohibits “Cartels”. However, this prohibition is not sufficed to put deal with the problems that such cartels pose for the economy and ultimately, the consumers. The paper studies the reasons why the present competition law in India is not adequately competent in dealing with prohibition of cartels and penalising the corporations involved in such unfair trade practices. It further discusses plausible amendments that can be made to the current legislation so as to ensure effective application of the same by way of comparing the competition laws across different nations.
Critical Examination Of The Use Of Aggravating And Mitigating Factors In Cartel Cases In India
DOWNLOAD
Author : Sudhanshu kumar
language : en
Publisher:
Release Date : 2022
Critical Examination Of The Use Of Aggravating And Mitigating Factors In Cartel Cases In India written by Sudhanshu kumar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
Cartels are considered as one of the most egregious violation of competition law. In order to deter cartel conduct, the penalty should be "optimal" and the scheme of fining should be clear and consistent. Moreover, the computation of penalty has to be guided by sound legal reasons. There has to be a scientific connection between the reasons provided and the final computed penalty. Lack of transparency in the adjudication of penalty leads to multiple court litigations and loss of credibility of the competition authority. The present article assesses the factors that have been employed by the Competition Commission of India [“CCI” or “Commission”] in the computation of penalty for cartelization and examines if the Commission has been consistent in the application of these factors.
Australian Cartel Regulation
DOWNLOAD
Author : Caron Beaton-Wells
language : en
Publisher: Cambridge University Press
Release Date : 2011-04-25
Australian Cartel Regulation written by Caron Beaton-Wells and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-25 with Law categories.
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.
Competition Law In India
DOWNLOAD
Author : T. Ramappa
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
Competition Law In India written by T. Ramappa and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
India, till 2002, did not have a law dealing specifically with anti-trust issues. It was in this context that a separate law dealing with competition and antitrust issues was considered necessary and the Competition Act, 2002, was passed. Enacted to fulfil India's obligations under the WTO agreements, the Act replaced the then existing Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act) which was considered inadequate and archaic for the purpose of meeting the objectives of competition policy. This substantially revised edition discusses the Competition Act, 2002, and subsequent amendments to it, in 2007 and 2009. Following the 2007 amendment, the Competition Commission became a market regulator and the Competition Appellate Tribunal was established. The 2009 amendment provided for a mechanism to dispose of the cases pending before the MRTP Commission. The book makes a detailed study of key issues including anti-competitive agreements, abuse of dominant position, and combinations (acquisitions and mergers). It further analyses the roles of authorities such as the Competition Commission of India, the Director-General, and the Competition Appellate Tribunal in enforcing the provisions of the Act. The book also undertakes a comparative study of competition law in the US, UK, and EU with emphasis on important judgments.