Anti-Competitive Agreements & Cartels

Anti-competitive agreements and cartels are among the most harmful practices to economic competition, leading to higher prices, lower quality, and less innovation. This course delves into the specifics of what constitutes an anti-competitive agreement, how cartels operate, and the legal measures in place to combat these practices under various jurisdictions with a focus on the Competition Act, 2002.

• To define and explain the nature of anti-competitive agreements and cartels.
• To educate participants on the legal and economic implications of such agreements.
• To explore enforcement and penalties under competition law.
• To analyze landmark cases and their outcomes in curbing anti-competitive behaviors.

• Understand the criteria that classify agreements as anti-competitive.
• Recognize the structure and operation of cartels.
• Examine the legal framework for investigating and penalizing anti-competitive practices.
• Apply knowledge of antitrust law through case study analysis.

Module 1: Fundamentals of Anti-Competitive Agreements

• Definitions and types of anti-competitive agreements.
• Economic rationales behind the prohibition of such agreements.
• Distinctions between horizontal and vertical agreements.

Module 2: Understanding Cartels

• Definition and characteristics of cartels.
• Common forms of cartel behaviors: price-fixing, market division, bid-rigging.
• Detection and challenges in proving the existence of cartels.

Module 3: Legal Framework and Enforcement

• Overview of the Competition Act, 2002 relevant to anti-competitive agreements and cartels.
• Role and powers of the Competition Commission of India (CCI) in combating cartels.
• International cooperation among competition authorities.

Module 4: Penalties and Remedies

• Penalties for participating in anti-competitive agreements and cartels.
• Legal remedies available to affected parties.
• Importance of compliance programs and internal audits.

Module 5: Case Studies and Real-World Examples

• Detailed analysis of significant cartel cases in India and globally.
• Lessons learned from enforcement actions and judicial decisions.
• Strategies used by firms to avoid detection and legal consequences.

• Legal professionals and law students specializing in competition law.
• Corporate executives and business owners in industries with high antitrust risk.
• Compliance officers and corporate governance professionals.
• Economists and consultants specializing in market analysis and regulation.