Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Monday, October 26, 2020

Impact of Leniency Programs on Cartels: A Study with Reference to India

Impact of Leniency Programs on Cartels: A Study with Reference to India

Sneha Singh

Galgotias University, School of Law

Abstract

Cartels are considered as one of the infringement to the Competition Act. Section 2 of the Competition Act, 2002 clearly defines cartel however, Section 3 of the same Act prohibits anti- competitive agreements which include cartels. Leniency programs were introduced as an effective tool to reduce the punishment to the cartelists acting as whistle blower with reward of lesser penalties as compare to the other members in cartels. Section 46 of the Competition Act, 2002 empowers the Competition Commission of India to grant leniency. This paper studies the changes which have taken after the introduction of leniency program on cartels in India. Also an attempt has been made to study the usage of leniency programs by Competition Commission of India with reference to few cases decided by the said statutory body.

https://lawprofessors.typepad.com/antitrustprof_blog/2020/10/impact-of-leniency-programs-on-cartels-a-study-with-reference-to-india.html

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