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Combating Cartelization in India: "A Critical Study with Reference to the Indian Competition Act, 2002"

By: Contributor(s): Publication details: Bangalore NLSIU 2017Description: 228pOnline resources:
Contents:
TABLE OF CONTENTS LIST OF STATUTES; LIST OF REGULTIONS, GUIDELINES AND NOTIFICATIONS; LIST OF CASES; CHAPTER I - INTRODUCTION; 1.1 Introduction; 1.2 Back ground information on the subject; 1.3 Statement of Problem; 1.4 Research Hypothesis; 1.5Research Questions; 1.6 Research Methodology; 1.7 Research Design; 1.8 Scope and Limitation; 1.9 Review of Literature;. CHAPTER-2 - PRELIMINARY ASPECTS ON COMPETITION LAW; 2.1 Introduction; 2.2 Concept of Competition; 2.3 Models of Competition; 2.4 Concept of Competition Policy; 2.5 Functions of Competition Law and Policy; 2.6 Competition Policy Debate; 2.7 Origin of Competition Law; 2.8 Competition Law – An Indian Perspective; 2.9 Birth of Monopolies and Restrictive Trade Practices Act, 1969; 2.9.1 Trade practices prohibited under the MRTP Act; 2.9.2 Monopolies and Restrictive Trade Practices Commission: Powers, Functions & Limitations; 2.9.3 Major Amendments to the MRTP Act: 1991 Amendments and its impact; 2.10 Limitations of the MRTP Act, 1969; 2.11 Legislative History of Competition Law in India; 2.11.1 S.V.S. Raghavan Committee Report on Competition Law, 2000; 2.11.2. Competition Act, 2002; 2.11.3 Amendments to the Competition Act, 2002 and its impact; 2.12 Rubric of the Competition Act, 2002; 2.12.1 Statutory Prognosis; 2.12.2 Scheme of the Act; 2.12.3 Salient Features of the Competition Act, 2002; 2.13 Comparison between MRTP Act, 1969 and Competition Act, 2002; 2.14 Conclusion; CHAPTER-3 - REGULATORY FRAMEWORK FOR COMBATING CARTELIZATION IN INDIA; 3.1 Origin and Meaning of Cartels; 3.2. Definition of Cartels 3.3 Reasons why Cartels are prohibited 3.4 Conditions conducive to formation of Cartels; 3.5 Why firms indulge in cartelization; 3.6 Proscribing Cartelization in India; 3.7 Failure of MRTP Act and Commission in combating Cartelization; 3.8 Combating Cartelization under the Competition Act, 2002; 3.8.1 General prohibition [Section 3 (1)] (A) Parties prohibited under S. 3 of the Competition Act, 2002; (B) Agreement under S. 3 of the Competition Act, 2002; (C) Causes or is likely to cause an appreciable adverse effect on competition within India; 3.8.2 Effect of the Agreement [Section 3 (2)]; 3.8.3 Horizontal Agreements and the Per Se Rule [Section 3(3)]; 3.8.3.1Cartels; 3.8.4 Types of Cartel; 3.8.5 Exceptions to S. 3(3; 3.9 Defenses raised by firms against cartel formation; 3.10 Consumer under Competition Act, 2002; 3.11 Cartels and Mergers; 3.12 Cartels and Intellectual Property Rights; 3.13 Conclusion; CHAPTER-4 - ROLE OF COMPETITION LAW AUTHORITIES IN COMBATING CARTELIZATION IN INDIA; 4.1 Introduction; 4.2 Procedure for combating cartelization by Competition Law Authorities under the Act; 4.3 Efficiency of CCI in combating cartelization in India; 4.3.1 Detection of cartels by the CCI; 4.3.2 Investigation into cartelization by CCI ; (a) Dawn Raid Powers of the DG under the Competition Act; (b) Leniency Provisions under the Competition Act; (c) Standard of Proof required in cartel cases; 4.4 Effectiveness of the Civil Remedies provided under the Act to curb Cartelization; 4.5 Viability of attributing criminal penalty for combating cartelization in India; 4.6 Analysis of Appendix-I-Cartel cases; CHAPTER 5 - COMBATING CARTELIZATION IN EU, U.K. U.S AND AUSTRALIA - A COMPARATIVE STUDY; 5.1 Introduction; 5.2 Combating Cartelization in EU; 5.2.1Relationship between EU and UK Competition Laws in anti-cartel Enforcement; 5.2.2 Legislative framework of cartel prohibition; 5.2.3 Extra-Territorial application of EU Competition Law; 5.2.4 Anti-cartel enforcement machinery in EU; 5.2.5 Detection Machinery; 5.2.6 Sanctions/Penalties on Companies and Individuals; 5.2.7 Leniency Provisions; 5.3 Combating Cartelization in UK; 5.3.1 Legislative framework of cartel prohibition; 5.3.2 Anti-cartel enforcement in UK; 5.3.3 Extra-territorial Application; 5.3.4 Detection Machinery; 5.3.5 Sanctions/Penalties for companies and individuals; 5.3.6 Leniency Programme; 5.3.7 Whistle-blowing procedure for individuals; 5.4 Combating Cartelization in U.S; 5.4.1 Legislative framework of cartel prohibition; 5.4.2 Anti-cartel enforcement in US; 5.4.3 Extra-territorial Application; 5.4.4 Detection Machinery; 5.4.5 Sanctions for cartelization; 5.4.6 Leniency Provisions; 5.4.7 Whistle-blowing procedure for individuals; 5.5 Combating Cartelization in Australia; 5.5.1 Legal framework; 5.5.2 Anti-cartel Enforcement in Australia; 5.5.3 Extra-territorial application; 5.5.4 Detection Machinery; 5.5.5 Sanctions for Companies and Individuals; 5.5.6 Leniency Provisions; 5.5.7 Whistle-blowing procedure for individuals; 5.6 Conclusion; CHAPTER 6 - CASE STUDIES ON COMBATING CARTELIZATION IN CERTAIN SPECIFIC SECTORS OF INDIA; 6.1 Introduction; 6.2 Cartelization in the Cement Manufacturing Sector of India; 6.3 Cartelization in the Insurance Sector of India; 6.4 Cartelization in the Air Cargo Sector of India; 6.4 Conclusion; CHAPTER-VII - CONCLUSION AND SUGGESTIONS; 7.1 Introduction; 7.2 Overview of Chapters I-VI with Findings; 7.3 Suggestions; 7.4 Conclusion; BIBLIOGRAPHY; ANNEXURE 1- CARTEL CASE STUDIES.
Summary: Combating Cartelization - EU - Uk - US _ Australia Combating Cartelization - Regulatory Framework - India Competation law - India
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TABLE OF CONTENTS
LIST OF STATUTES;
LIST OF REGULTIONS, GUIDELINES AND NOTIFICATIONS;
LIST OF CASES;
CHAPTER I - INTRODUCTION;
1.1 Introduction;
1.2 Back ground information on the subject;
1.3 Statement of Problem;
1.4 Research Hypothesis;
1.5Research Questions;
1.6 Research Methodology;
1.7 Research Design;
1.8 Scope and Limitation;
1.9 Review of Literature;.
CHAPTER-2 - PRELIMINARY ASPECTS ON COMPETITION LAW;
2.1 Introduction;
2.2 Concept of Competition;
2.3 Models of Competition;
2.4 Concept of Competition Policy;
2.5 Functions of Competition Law and Policy;
2.6 Competition Policy Debate;
2.7 Origin of Competition Law;
2.8 Competition Law – An Indian Perspective;
2.9 Birth of Monopolies and Restrictive Trade Practices Act, 1969;
2.9.1 Trade practices prohibited under the MRTP Act;
2.9.2 Monopolies and Restrictive Trade Practices Commission: Powers, Functions &
Limitations;
2.9.3 Major Amendments to the MRTP Act: 1991 Amendments and its impact;
2.10 Limitations of the MRTP Act, 1969;
2.11 Legislative History of Competition Law in India;
2.11.1 S.V.S. Raghavan Committee Report on Competition Law, 2000;
2.11.2. Competition Act, 2002;
2.11.3 Amendments to the Competition Act, 2002 and its impact;
2.12 Rubric of the Competition Act, 2002;
2.12.1 Statutory Prognosis;
2.12.2 Scheme of the Act;
2.12.3 Salient Features of the Competition Act, 2002;
2.13 Comparison between MRTP Act, 1969 and Competition Act, 2002;
2.14 Conclusion;
CHAPTER-3 - REGULATORY FRAMEWORK FOR COMBATING CARTELIZATION IN INDIA;
3.1 Origin and Meaning of Cartels;
3.2. Definition of Cartels
3.3 Reasons why Cartels are prohibited
3.4 Conditions conducive to formation of Cartels;
3.5 Why firms indulge in cartelization;
3.6 Proscribing Cartelization in India;
3.7 Failure of MRTP Act and Commission in combating Cartelization;
3.8 Combating Cartelization under the Competition Act, 2002;
3.8.1 General prohibition [Section 3 (1)]
(A) Parties prohibited under S. 3 of the Competition Act, 2002;
(B) Agreement under S. 3 of the Competition Act, 2002;
(C) Causes or is likely to cause an appreciable adverse effect on competition within India;
3.8.2 Effect of the Agreement [Section 3 (2)];
3.8.3 Horizontal Agreements and the Per Se Rule [Section 3(3)];
3.8.3.1Cartels;
3.8.4 Types of Cartel;
3.8.5 Exceptions to S. 3(3;
3.9 Defenses raised by firms against cartel formation;
3.10 Consumer under Competition Act, 2002;
3.11 Cartels and Mergers;
3.12 Cartels and Intellectual Property Rights;
3.13 Conclusion;
CHAPTER-4 - ROLE OF COMPETITION LAW AUTHORITIES IN COMBATING
CARTELIZATION IN INDIA;
4.1 Introduction;
4.2 Procedure for combating cartelization by Competition Law Authorities under the Act;
4.3 Efficiency of CCI in combating cartelization in India;
4.3.1 Detection of cartels by the CCI;
4.3.2 Investigation into cartelization by CCI ;
(a) Dawn Raid Powers of the DG under the Competition Act;
(b) Leniency Provisions under the Competition Act;
(c) Standard of Proof required in cartel cases;
4.4 Effectiveness of the Civil Remedies provided under the Act to curb Cartelization;
4.5 Viability of attributing criminal penalty for combating cartelization in India;
4.6 Analysis of Appendix-I-Cartel cases;
CHAPTER 5 - COMBATING CARTELIZATION IN EU, U.K. U.S AND AUSTRALIA -
A COMPARATIVE STUDY;
5.1 Introduction;
5.2 Combating Cartelization in EU;
5.2.1Relationship between EU and UK Competition Laws in anti-cartel Enforcement;
5.2.2 Legislative framework of cartel prohibition;
5.2.3 Extra-Territorial application of EU Competition Law;
5.2.4 Anti-cartel enforcement machinery in EU;
5.2.5 Detection Machinery;
5.2.6 Sanctions/Penalties on Companies and Individuals;
5.2.7 Leniency Provisions;
5.3 Combating Cartelization in UK;
5.3.1 Legislative framework of cartel prohibition;
5.3.2 Anti-cartel enforcement in UK;
5.3.3 Extra-territorial Application;
5.3.4 Detection Machinery;
5.3.5 Sanctions/Penalties for companies and individuals;
5.3.6 Leniency Programme;
5.3.7 Whistle-blowing procedure for individuals;
5.4 Combating Cartelization in U.S;
5.4.1 Legislative framework of cartel prohibition;
5.4.2 Anti-cartel enforcement in US;
5.4.3 Extra-territorial Application;
5.4.4 Detection Machinery;
5.4.5 Sanctions for cartelization;
5.4.6 Leniency Provisions;
5.4.7 Whistle-blowing procedure for individuals;
5.5 Combating Cartelization in Australia;
5.5.1 Legal framework;
5.5.2 Anti-cartel Enforcement in Australia;
5.5.3 Extra-territorial application;
5.5.4 Detection Machinery;
5.5.5 Sanctions for Companies and Individuals;
5.5.6 Leniency Provisions;
5.5.7 Whistle-blowing procedure for individuals;
5.6 Conclusion;
CHAPTER 6 - CASE STUDIES ON COMBATING CARTELIZATION IN CERTAIN
SPECIFIC SECTORS OF INDIA;
6.1 Introduction;
6.2 Cartelization in the Cement Manufacturing Sector of India;
6.3 Cartelization in the Insurance Sector of India;
6.4 Cartelization in the Air Cargo Sector of India;
6.4 Conclusion;
CHAPTER-VII - CONCLUSION AND SUGGESTIONS;
7.1 Introduction;
7.2 Overview of Chapters I-VI with Findings;
7.3 Suggestions;
7.4 Conclusion;
BIBLIOGRAPHY;
ANNEXURE 1- CARTEL CASE STUDIES.

Combating Cartelization - EU - Uk - US _ Australia Combating Cartelization - Regulatory Framework - India Competation law - India