Compensation Claims: Is it the next phase of Competition law enforcement in India?

2019 will mark a decade since the notification of the anti-trust provisions (anti-competitive agreements and abuse of dominant position) of the Competition Act, 2002 ('Act') on 20 May 2009. During this time, the Competition Commission of India ('CCI') has been a pro-active regulator, and as on December 2018, the public enforcement of the law has resulted in the imposition of an aggregate penalty of around INR 14,000 Crores by the CCI for violation of the anti-trust provisions of the Act.

The Act, however, also provides for private enforcement of competition law (i.e. compensation claims for antitrust breaches). Nevertheless, these provisions have remained underutilized, with the courts yet to pronounce a ruling. In mature jurisdictions, the private enforcement of competition law is an equally formidable deterrent to anti-competitive conduct as public enforcement. Compensation claims arising out of anti-competitive conduct typically eclipse the penalty imposed by the