Article by James Thomas Cox*
INTRODUCTION
Industrial manufacturing has grown with the rapid expansion of
India's production market over the past twenty years. Some
manufacturing companies, especially in the chemical industry,
derived a significant portion of their revenue from governmental
bids. These bids are often called for from one of several
government agencies, and are received from only a handful of
companies. With so few participants, collusive behavior has
occurred on occasion with negative market effects. Recently, the
Supreme Court ("SC") in "Excel
Crop. Care Limited vs. Competition Commission of India and
Ors."1confirmed a Competition Commission of
India ("CCI") ruling that three Aluminum
Phosphide Tablets ("APT") producers had
participated in "bid rigging"2 in violation of
Section 33 of the Competition Act, 2002
("Act").
