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ARTICLE · 10 APRIL 2018

CCI Penalizes Leading Airline Companies For Cartelization

S.S. Rana & Co.
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With the aim of ensuring honest and fair trade practices, the Competition Act, 2002 (hereinafter referred to as the "Act") was enacted.

IndiaAntitrust/Competition Law
S.S. Rana & Co. Advocates
S.S. Rana & Co. Advocates
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With the aim of ensuring honest and fair trade practices, the Competition Act, 2002 (hereinafter referred to as the "Act") was enacted. The Competition Commission of India (hereinafter referred to as "Commission") regulates and ensures that no unfair competitive practices prevail in the Indian market.

The Act defines a "cartel" to include an association of producers, sellers, distributors, traders or service providers who, by agreement amongst themselves, limit, control or attempt to control the production, distribution, sale or price of, or, trade in goods or provision of services.

The Commission vide its judgement1 dated March 7, 2018, elaborately discussed that cartelization occurs usually in a clandestine fashion being hidden or secretive without leaving behind any documentary evidence. Therefore, the existence of such anti-competitive practices are required to be inferred from the circumstantial analysis devoid of any plausible explanation.

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