Comption Commision Case Study

Only available on StudyMode
  • Download(s) : 136
  • Published : March 13, 2013
Open Document
Text Preview
DISSERTATION ON

“ATTRIBUTION

OF PRICE PARALLELISM

AS CARTELS UNDER THE COMPETITION ACT, 2002”

SUBMITTED TO: MR. SUKESH MISHRA JOINT DIRECTOR COMPETITION COMMISSION OF INDIA

SUBMITTED BY: SHATAKSHI JOHRI INSTITUTE OF LAW, NIRMA UNIVERSITY

Attribution of Price Parallelism as Cartels under the Competition Act, 2002.

DISCLAIMER
This dissertation has been prepared by the author as an intern under the Internship Programme of the Competition Commission of India for academic purposes only. The views expressed are personal and do not reflect the view of the Commission in any manner. This report is the intellectual property of the Competition Commission and the same or any part thereof may not used in any manner whatsoever without express permission of the Commission in writing.

Shatakshi Johri New Delhi 31, March 2012

2

Attribution of Price Parallelism as Cartels under the Competition Act, 2002.

ACKNOWLEDGMENTS
This dissertation is an effort made by me with the astute guidance of my mentor, Mr. Sukesh Mishra (Joint Director, Competition Commission of India). His valuable inputs and constant encouragement has inspired me to carry out this research fruitfully. He gave me his valuable time to discuss the facets of this topic and guided me towards an enlightening and holistic research. I also put on record my gratitude towards the library staff, which has provided me help and access to all the resourceful material for my research. I express my sincere gratitude towards Mr. Alok Tripathi (Joint Director, Competition Commission of India) who gave me food for thought for this topic and due to which I am able to look at it from different perspectives. This dissertation was not possible without the blessings of my parents and support of Dr. Purvi Pokhariyal, Director, Institute of Law, Nirma University. I am indebted towards Competition Commission of India, for providing me an opportunity to have a learning experience.

Shatakshi Johri

3

Attribution of Price Parallelism as Cartels under the Competition Act, 2002.

TABLE OF CONTENTS DISCLAIMER...........................................................................................................................2 ACKNOWLEDGEMENTS.......................................................................................................3 TABLE OF CASES...................................................................................................................7 I. A. B. INTRODUCTION............................................................................................9 DEFINITION OF RELEVANT TERMS...................................................10 1. ANTI-COMPETITIVE CONDUCT 2. CARTEL 5. ANTI-COMPETITIVE AGREEMENTS II. PARALLEL BEHAVIOR VERSUS CONCERTED PRACTISE:

CONTEMPORARY POSITION OF LAW IN VARIOUS JURISDICTIONS...11 A. EUROPE..........................................................................................................11 1. MEANING OF AGREEMENT-CONCURRENCE OF WILLS.........11 2. PROOF OF AN AGREEMENT..........................................................12 3. CONCERTED PRACTICES...............................................................12 i. ii. iii. iv. Concept under Article 101(1)...................................................12 Policy of Article 81..................................................................13 Application of Article 81(1).....................................................13 Complex cartels and role of concerted practices: A mammoth task for the Competition Authorities........................................14 v. vi. Legal test..................................................................................16 Must it be put into effect..........................................................17 4

Attribution of Price Parallelism as Cartels under the Competition Act, 2002. vii. viii. B. Burden of proof........................................................................18...
tracking img