The IUP Journal of Law Review
A Critical Analysis of Alleged Cartelization by Members of Trade Association

Article Details
Pub. Date : Oct, 2020
Product Name : The IUP Journal of Law Review
Product Type : Article
Product Code : IJLR41020
Author Name : Richa Prateek Jain
Availability : YES
Subject/Domain : Arts & Humanities
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No. of Pages : 10

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Abstract

In India, the Competition Act, 2002 (the Act) promulgates competition law in the country. The main aim behind the enforcement of competition law in the country has been to prevent practices having adverse effect on the competition, to promote and sustain the competition in the markets, to protect the interest of consumers in the market and to ensure freedom of trade by other participants in the market.1


Introduction

Cartels are considered "the supreme evil of antitrust" (Mehta, 2011). Fighting cartels is a crucial area of activity of any competition authority. Antitrust jurisprudence in the US makes use of procedural techniques such as "presumption of anticompetitive practices" to supplement the rules of evidence. This automatically shifts the burden of proof on the Opposite Party. Such presumptions are widely accepted as valid tools of administration of antitrust law (Chakravarty, 2006).


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