Competition - Legal Milestones in 2018 and a Look Ahead
Interestingly, two members of the CCI i. Sudhir Mittal and Justice GP Mittal wrote a dissenting opinion concluding that there was not enough evidence to find an abuse of dominant position by Google under the provisions of the Competition Act. The CLRC has also constituted working groups which would look into specific aspects such as, i regulatory structure, ii competition law, iii competition policy, advocacy and advisory functions, and, iv new age markets and big data.
The year is expected to be another critical year for competition law jurisprudence. Given the outlook of the CCI towards the leniency regime, we expect a substantial rise in leniency applications before the CCI to get the first mover advantage. In November , Mr. Gupta who is a former civil servant with a background in defence, health and commerce ministries, is set to be the longest serving Chairperson of the CCI and will hold office until 25 October Several matters in relation to cartels and abuse of dominance are currently pending before the NCLAT and the Supreme Court and we expect judgments to be delivered on those matters in Judgments from the appellate forums will help in the growth of competition law jurisprudence and bring legal certainty to enterprises regarding their business conduct.
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Weber State earns No. Share this story Twitter Facebook. N2 - To deter and punish illegal collusions antitrust authorities run costly investigations and levy fines on detected and convicted wrongdoers. According to Becker the magnitude of fines and the detection rates are substitutable in their deterrence effect.
We investigate this proposition through a market experiment, and study the effects of different fine and detection rate combinations with constant expected fines on cartel activity, prices and cartel stability.
Our results show that in the absence of a leniency program, complying with the Beckerian Proposition, detection rates and fines are indeed substitutable in deterring cartels. With a leniency program, however, due to behavioral bias a regime that embodies low detection rate and high fine lowers the overall incidence of cartelization. The market price in this regime is also significantly lower than in a high detection rate low fine regime.
Finally, irrespective of the presence of a leniency program, the different detection rate — fine combinations do not affect the cartel stability.