Regulating Cartels In India

Author : Sudhanshu Kumar
Publisher : Taylor & Francis
Page : 243 pages
File Size : 49,9 Mb
Release : 2022-11-23
Category : Law
ISBN : 9781000800531

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Regulating Cartels in India by Sudhanshu Kumar Pdf

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.

Author : Lovely Dasgupta
Publisher : Unknown
Page : 375 pages
File Size : 41,9 Mb
Release : 2014
Category : Antitrust law
ISBN : 9382993754

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Cartel Regulation by Lovely Dasgupta Pdf

Author : Souvik Chatterji
Publisher : Unknown
Page : 240 pages
File Size : 40,5 Mb
Release : 2014
Category : Antitrust law
ISBN : 8190948490

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Competition Law in India and Cartels in India and USA by Souvik Chatterji Pdf

Author : OECD
Publisher : OECD Publishing
Page : 64 pages
File Size : 40,6 Mb
Release : 2003-05-27
Category : Electronic
ISBN : 9789264101258

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Hard Core Cartels Recent progress and challenges ahead by OECD Pdf

This book reviews progress in the fight against hard core cartels. It quantifies the harm caused by cartels and identifies improved methods of investigation. It also examines progress in strengthening sanctions against businesses and individuals.

Author : Caron Beaton-Wells,Brent Fisse
Publisher : Cambridge University Press
Page : 651 pages
File Size : 42,5 Mb
Release : 2011-04-25
Category : Law
ISBN : 9781139496452

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Australian Cartel Regulation by Caron Beaton-Wells,Brent Fisse Pdf

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.

Author : A Neil Campbell
Publisher : Law Business Research Ltd.
Page : 352 pages
File Size : 52,6 Mb
Release : 2017-12-13
Category : Electronic
ISBN : 9781789154993

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Cartel Regulation by A Neil Campbell Pdf

Cartel Regulation, edited by A Neil Campbell of McMillan LLP, addresses the most important issues practitioners face to mitigate the fines imposed on clients under the scrutiny of antitrust authorities. Featuring expert local insight into cartel regulation across 41 jurisdictions, the book covers crucial topics such as: relevant legislation and substantive law,industry-specific offences and defences, steps in an investigation, investigative powers, international cooperation, interplay between jurisdictions, adjudication, appeal process, criminal, civil and administrative sanctions, private damage claims and class actions, recent penalties, sentencing guidelines, leniency and immunity programmes, defending a case and getting the fine down. In an easy-to-use question and answer format, trusted and reliable information on key topics of law and regulation in this area is provided by leading practitioners around the world. As well as in-depth comparative study of the topic from the perspective of leading experts there are also editorial chapters covering Brexit, the ICN, a global overview and also a quick reference table proving a brief overview of procedural guidelines. "e;The comprehensive range of guides produced by GTDT provides practitioners with an extremely useful resource when seeking an overview of key areas of law and policy in practice areas or jurisdictions which they may otherwise be unfamiliar with."e; Gareth Webster, Centrica Energy E&P

Author : John Sanghyun Lee
Publisher : Springer
Page : 336 pages
File Size : 53,6 Mb
Release : 2016-11-24
Category : Law
ISBN : 9789811027567

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Strategies to Achieve a Binding International Agreement on Regulating Cartels by John Sanghyun Lee Pdf

This book addresses the lack of binding multi-lateral international agreement on cartels, through analysis of trials and failures. It also suggests strategic approaches to overcome current standstills. In addition, the book contrasts international agreement on cartels with inter-governmental commodity agreement which has been developed separately through international law. Through this project, the author puts forth that successful international law on cartels needs to reflect the interests and arguments of developing countries.

Author : OECD
Publisher : OECD Publishing
Page : 85 pages
File Size : 46,5 Mb
Release : 2002-05-29
Category : Electronic
ISBN : 9789264174993

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Fighting Hard-core Cartels Harm, Effective Sanctions and Leniency Programmes by OECD Pdf

This book contributes to the existing knowledge about the extent of cartels' overcharges and other harm to businesses and consumers worldwide, and sheds light on new and effective "leniency programmes", as well as on optimal sanctions in cartel cases.

Author : Christopher Harding,Julian Joshua
Publisher : Unknown
Page : 439 pages
File Size : 44,6 Mb
Release : 2010
Category : Law
ISBN : 9780199551484

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Regulating Cartels in Europe by Christopher Harding,Julian Joshua Pdf

One of the most contentious and high-profile aspects of EU competition law and policy has been the regulation of those serious competition or antitrust violations now often referred to as 'hard core cartels'. Such cartel activity typically involves large and powerful corporate producers and traders operating across Europe and beyond, and comprise practices such as price fixing, bid rigging, market sharing, and limiting production in order to ensure 'market stability' and maintain and increase profits. There is little disagreement now, in terms of competition theory and policy at both international and national levels, regarding the damaging effect of such trading practices on public and consumer interests, and such cartels have been subject to increasing condemnation in the legal process of regulating and protecting competition. Regulating Cartels in Europe provides critical evaluation of the way in which European-level regulation has evolved to deal with the activities of such anti-competitive business cartels. They trace the historical development of cartel regulation in Europe, comparing the more pragmatic and empirical approached favored in Europe with the more dogmatic and uncompromising American policy on cartels. In particular, the work considers critically the move towards the use of fully fledged criminal proceedings in this area of legal control, examining evolving aspects of enforcement policy such as the use of leniency programs and the deployment of a range of criminal law and other sanctions. This new edition of the work covers emerging themes and arguments in the discipline, including the judicial review of decisions against cartels, the criminological and legal basis of the criminalization of cartel conduct, and the range and effectiveness of sanctions used in response to cartel activity.

Author : Devesh Kapur,Madhav Khosla
Publisher : Bloomsbury Publishing
Page : 288 pages
File Size : 50,9 Mb
Release : 2019-04-04
Category : Law
ISBN : 9781509927746

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Regulation in India: Design, Capacity, Performance by Devesh Kapur,Madhav Khosla Pdf

The rise of the regulatory state has been a major feature of modern constitutional democracies. India, the world's largest democracy, is no exception to this trend. This book is the first major study of regulation in India. It considers how the development of regulation in India has altered the nature and functions of the state; how it is reshaping the relationship between business and the state; how it has called for the refashioning of established legal principles; and how it has raised new questions about the relationship between technical expertise and the rule of law. The chapters cover topics ranging from the foundations of the Indian regulatory state to the form of regulation across different sectors to regulation in practice. Together, the chapters reveal the challenges, promise, and limitations offered by contemporary regulatory practices, and they capture the close if sometimes fraught relationship that regulation must inevitably share with the political economy and constitutional schema within which it operates.

Author : Anonim
Publisher : World Bank Publications
Page : 250 pages
File Size : 43,8 Mb
Release : 2003
Category : Business & Economics
ISBN : 0821353381

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Global Economic Prospects 2003 by Anonim Pdf

The 13th edition of this annual publication focuses on the global and national dimensions of the investment climate for developing countries, that is the policy and institutional environment that fosters entrepreneurship and productive investment. Issues discussed include: the effects of current developments in the world economy; ways that the international community can help foster economic growth and reduce poverty levels; the need for sound national policies, particularly to encourage competition, in order for developing countries to reap the benefits of globalisation; and the potential for a new World Trade Organization agreement on investment and competition.

Author : Van Bael & Bellis
Publisher : Kluwer Law International B.V.
Page : 1618 pages
File Size : 55,5 Mb
Release : 2021-03-01
Category : Law
ISBN : 9789041154057

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Competition Law of the European Union by Van Bael & Bellis Pdf

This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules. The critical commentary cuts through the theoretical underpinnings of EU competition law to expose its actual impact on business. In this comprehensive new edition, the authors examine such notable developments as the following: important rulings concerning the concept of a restriction by object under Article 101; the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling; important Article 102 rulings concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents; the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector; developments concerning online distribution, including the Pierre Fabre and Coty rulings; the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange; the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements; the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements; the current technology transfer guidelines and block exemption; procedural developments, including in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements; the implementation of the Damages Directive and the first interpretative rulings. As a comprehensive, up-to-date and above all practical analysis of the EU competition rules as developed by the Commission and EU Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both business persons and their legal advisers.

Author : Vinod Dhall
Publisher : Unknown
Page : 656 pages
File Size : 42,6 Mb
Release : 2019-02-28
Category : Electronic
ISBN : 0199486662

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Competition Law Today by Vinod Dhall Pdf

Competition law has witnessed phenomenal growith in in recent years, especially since the early 1990s. As an increasing number of countries have undertaken economic reforms and embraced the market economy, many of them have introduced competition law to maintain competition in their markets.With the growing integration of the global economy, any anti-competitive activity can have effects across national borders. Competition law has, therefore, become an important part of international trade dialogue. Cooperation on competition issues, therefore, figures in an increasing number ofbilateral or regional trade agreements. The book provides an overview of the competition law regime with particular focus on India. It broadly covers the history, objectives, and substantive provisions of law, its relationship with regulated sectors of the market, the economics of law, its international dimension, and competition law indeveloping countries. The second edition provides an updated account of law and incorporates changes that have taken place since the publication of the first edition. It includes two new chapters: "Reviewing Competition Regime in Pakistan" and "Merger Control Regime under the Competition Law inIndia".

Author : T. Ramappa
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 51,5 Mb
Release : 2014
Category : Law
ISBN : 0198097271

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Competition Law in India by T. Ramappa Pdf

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.

Author : Vasanth Adithya. J
Publisher : Notion Press
Page : 162 pages
File Size : 47,9 Mb
Release : 2021-01-30
Category : Law
ISBN : 9781649838988

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Conceptual Foundations of Competition Law in India by Vasanth Adithya. J Pdf

The liberalization of the Indian economy opened the market to foreign players, creating the need for legislation to regulate the competitive environment and prevent anti-competitive practices of undertakings that would have an impact on markets. Thus, the Competition Act, 2002 was enacted, repealing the erstwhile Monopolies and Restrictive Trade Practices Act, 1969, which had become archaic and did not suit the present needs. “Conceptual Foundations of Competition Law in India” is a succinct text on the Competition Act, 2002. It encapsulates the legal provisions pertaining to cartels, abuse of dominance and combination regulation along with relevant case law in India. It provides a comparative analysis of competition law or anti-trust law in various jurisdictions, including the U.S. and the E.U. This book is a ready reckoner for corporate lawyers, students as well member of the business community in whose interest the law has been enacted.