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‘Chilling competition? Trade associations & the Indian Competition Regime’ | Paper by Rahul Singh & Dhanendra Kumar

October 31, 2020

This Paper, published on Indian Law Review, explores the competition implications of trade associations in modern India. The paper posits that like competition regimes elsewhere in the world, the Competition Commission of India (“CCI”) may distinguish between anti-competitive practices of trade associations and practices that facilitate and support competition in the country, including the use of the platform of a trade association for certain types of information exchange among competitors. The paper recommends that the CCI adopt guidelines to obviate the “chilling” effect on competition for both entities and individuals.

The paper, published on Indian Law Review, is available at Taylor & Francis Online.

Acknowledgments: The authors would like to thank Avinash Rao, Associate, Cyril Amarchand Mangaldas, Bangalore and Unnati Ghia, Counsel, Bombay High Court for their excellent research assistance. Avinash and Unnati are Gold Medallists (from 2020 graduating class of the National Law School of India University, Bengaluru, India).