Utopian recommendation for India on combating bid rigging under Competition Law in the light of best practices of USA and UK

  • Unique Paper ID: 161456
  • Volume: 10
  • Issue: 4
  • PageNo: 101-108
  • Abstract:
  • Although the Competition Act provides the fundamental framework for regulating competition, how it is interpreted and applied will be greatly influenced by the development of jurisprudence on its application. To enable better application of the Competition law, nations with established competition law regimes, such as the USA and the EU, have each had to create a number of sector- and issue-specific guidelines. Strong competition laws and regulations exist in both the US and the EU. Both the Sherman Act of 1890 and the Clayton Act of 1914 prohibit anti-competitive and abusive behavior in the United States. They also forbid mergers and price discrimination aimed at causing market distortions. The European Union's Articles 101 and 102 of the Treaty on European Union forbid trade between nations that impede competition. Cartelization and the misuse of a dominant position are outright forbidden.

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