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International Journal for Research Trends and Innovation
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ISSN Approved Journal No: 2456-3315 | Impact factor: 8.14 | ESTD Year: 2016
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| Paper Title: | Growing challenges in Cartel under the Competition law in India |
| Authors Name: | Abhishek Ghosh |
| Download E-Certificate: | Download |
| Author Reg. ID: |
IJRTI_203140
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| Published Paper Id: | IJRTI2505009 |
| Published In: | Volume 10 Issue 5, May-2025 |
| DOI: | |
| Abstract: | Cartels represent one of the most horrific violations of the Competition Law. In India, the fight against cartels has been rooted in the Competition Act, 2002, which prohibits anti-competitive agreements and empowers the Competition Commission of India to investigate and penalize such conduct. However, the detection, prosecution, and prevention of cartel activities face multifaceted challenges. This dissertation dives into the structural and procedural barriers that hinders the effective cartel regulations in India. It evaluates key case studies, analyses enforcement trends, highlights legal and institutional shortcomings, and draws comparisons with international frameworks. The dissertation also discusses emerging threats such as digital cartels and algorithmic collusion. It concludes by offering policy recommendations to strengthen the enforcement regime and improve the hindrance against collusive behaviour. This research paper is related to the analysis and study of contractual obligations in conflict of laws under the Competition law. This dissertation is divided into three parts, the first part deals with the general aspect of the contractual obligations; the second segment deals with the specific contracts and the third part deals with the international and national jurisprudence aspect of the competition sector. This work is based on the minimum contribution in the application of the competition law and clarifies the omission, collision and legal aspects in practice. At the end of this work, there is conclusion which will serve as a deduction over the analysis and studies done to this part of the competition law. This is a theoretical and practical part is related to the analysis and study of the contractual obligations in the conflict of law under the competition law. This work is divided into three parts, where the first part deals with the general part of the contractual obligations, the second part deals with the specific contracts which are found in a general regulation. And the third part deals with the international and national Jurisprudence aspect of the competition sector. This work is founded on the ex-positio synchronic system is focused on providing a minimum contribution in the implementation of the competition law and clarifies the omission, collision and legal problematic aspects in practice. At the conclusion of this work there is my conclusions which is a deduction upon the analysis and studies up to this point of the competition law. In the globalized economy, cross-border contracts have become the norm rather than the exception. The increasing internationalization of commerce, business, and personal relations has led to complex legal challenges, one of the most significant being the issue of contractual obligations under different legal systems. Conflict of laws, or private international law, seeks to address the complexities arising when parties from different jurisdictions enter into contractual agreements. This research explores the key issues of contractual obligations in conflict of laws, including the determination of applicable law, the role of party autonomy, and the principles guiding courts in resolving disputes. By analysing both common law and civil law systems, this paper also examines how international conventions, such as the Rome I Regulation and the Hague Principles, contribute to harmonizing legal frameworks on this issue. This dissertation explores the evolving complexities of cartel regulation under the Indian Competition Law regime, primarily focusing on the Competition Act, 2002. It examines the types and characteristics of cartels, legal and institutional frameworks, detection mechanisms, enforcement challenges, landmark judgements and a comparative analysis with international jurisdictions. With increasing globalization and digitalization, cartel behaviour has become more clandestine, posing significant challenges to competition authorities. This study also offers recommendations for policy reform, technological advancement and capacity building to improve cartel regulation and enforcement in India. The Competition Act 2002 governs anticompetitive behavior in India. The statutory body responsible for enforcing competition law is the Competition Commission of India. The investigating unit supports CCI as well as the Office of the Director General (DG), in implementing the goals of the Competition Act, such as prevention of practices with an appreciable adverse effect on competition (AAEC), promoting and maintaining competition in markets; safeguarding the interests of consumers; and ensuring freedom of trade. |
| Keywords: | Cartel; competition law; Competition Act, 2002; anticompetitive agreements |
| Cite Article: | "Growing challenges in Cartel under the Competition law in India", International Journal for Research Trends and Innovation (www.ijrti.org), ISSN:2455-2631, Vol.10, Issue 5, page no.a65-a111, May-2025, Available :http://www.ijrti.org/papers/IJRTI2505009.pdf |
| Downloads: | 000496 |
| ISSN: |
2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016 An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator |
| Publication Details: |
Published Paper ID: IJRTI2505009
Registration ID:203140
Published In: Volume 10 Issue 5, May-2025
DOI (Digital Object Identifier):
Page No: a65-a111 Country: Prayagraj, Uttar Pradesh, India Research Area: Other Publisher : IJ Publication Published Paper URL : https://www.ijrti.org/viewpaperforall?paper=IJRTI2505009 Published Paper PDF: https://www.ijrti.org/papers/IJRTI2505009 |
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