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Cartels 2022: Indian Chapter

Publication
Aditi Khanna, Ela Bali, Farhad Sorabjee, Vaibhav Choukse
June 15, 2022

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.

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Tags Cartel, CCI, Competition Act, Competition Law, Director General, JSA, Law and Practice, Leading Law Firm, Leading Lawyers, Legal Framework, Regulators

Aditi Khanna Senior Associate

Aditi is a competition / antitrust lawyer, who recently completed her post-graduation.

Ela Bali Partner

Ela is a partner with JSA’s competition law practice with more than 8 years of experience. She represents and advises clients across different sectors on enforcement and merger control matters before the CCI, NCLAT, Delhi and Bombay High Court, and the Supreme Court of India.

Farhad Sorabjee Partner

Farhad acts and appears in diverse complex multi-jurisdictional national and international commercial arbitrations and disputes involving tortious and contractual aspects of civil law.

Vaibhav Choukse Partner and Head of Practice

Vaibhav is heading the Firm’s Competition Law Practice and has been practicing competition law since its inception in India. He focuses on complex enforcement/ litigation and merger control cases and represents and advises clients on a broad range of competition law issues spanning across several sectors.