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- Title
A Critical Analysis of Alleged Cartelization by Members of Trade Association.
- Authors
Jain, Richa Prateek
- Abstract
Trade associations are associations established by competing firms or entities operating in the same market with an aim to promote, represent and provide the members services pertinent for the furtherance of their commercial and professional goals. They also provide a platform to the market players for discussions and exchange of views and information on issues pertaining to the common interest of the entire sector or industry. Despite many procompetitive actions that the trade associations do, they often come under the radar of the Competition Commission of India (Commission/CCI) for violating the provisions of Competition Act, 2002. The issue of flux is that on the one hand, such associations of traders and professionals are not illegal per se. But on the other hand, their associations sometimes transgress their objectives and lead to anti-competitive behavior which has an appreciable adverse effect on the market. In this paper, the author analyzes the position of trade associations with respect to competition law. By analyzing the various orders passed by the Commission and the orders passed by the Competition enforcing authorities in select jurisprudence, the author intends to decipher what exactly such platforms signify and whether they are hotspots for collusion or merely places for industry interaction.
- Subjects
COMPETITION Commission of India; TRADE associations; CRITICAL analysis; ANTITRUST law; MILITARY personnel; PROFESSIONAL associations
- Publication
IUP Law Review, 2020, Vol 10, Issue 4, p57
- ISSN
2231-3095
- Publication type
Article