Investigation Techniques Used By The Director General For Busting Cartels Under The Competition Act, 2002: An Analysis

Introduction

Section 2(c) of the Competition Act, 2002 ('Act') defines 'Cartels' as 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 provisions of services. This paper briefly introduces the reader to the investigation techniques used by the Director General, Competition Commission of India ('DG') for detecting and busting cartels under the Act. The basic purpose underlying this analysis is the current applicability of direct or circumstantial evidence by the DG for the purposes of busting cartels during the course of the investigation.