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VOL. 13, ISSUE 1 (2026)
Cartelisation and parallel behaviour under The Competition Act, 2002: Evidentiary standards, enforcement mechanisms, and the evolving Indian jurisprudence
Authors
Arav Singhvi, Hitika Agrawal, Rohit Rajoriya
Abstract
The Competition Act, 2002 represents India’s
principal legislative framework for curbing practices that distort market
competition, with cartelisation being recognised as one of the most egregious
forms of anti-competitive conduct. Owing to their inherently secretive nature,
cartels pose significant evidentiary challenges, compelling competition
authorities to evolve beyond traditional insistence on direct proof of a “meeting
of minds.” This paper critically examines the interface between cartelisation
and parallel behaviour under the Competition Act, focusing on the evidentiary
standards, economic analysis, and enforcement mechanisms adopted by the
Competition Commission of India (CCI). Through a doctrinal and case-based
analysis of key CCI decisions across sectors such as banking, construction,
electricity distribution, tyres, and aviation, the study traces the transition
from a rigid agreement-centric approach to a more flexible framework based on
circumstantial evidence, “plus factors,” and the preponderance of probabilities.
It highlights how parallel conduct, when accompanied by economic indicators and
contextual factors, may legitimately give rise to an inference of collusion.
The paper further evaluates the CCI’s enforcement toolkit, including penalties,
leniency provisions, and remedial measures, and assesses their role in
strengthening deterrence and compliance. Ultimately, the study argues that the
evolving Indian jurisprudence reflects a mature and pragmatic competition
regime that balances effective cartel enforcement with the need to distinguish
unlawful collusion from legitimate competitive parallelism, thereby promoting
consumer welfare and market efficiency.
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Pages:389-394
How to cite this article:
Arav Singhvi, Hitika Agrawal, Rohit Rajoriya "Cartelisation and parallel behaviour under The Competition Act, 2002: Evidentiary standards, enforcement mechanisms, and the evolving Indian jurisprudence". International Journal of Multidisciplinary Research and Development, Vol 13, Issue 1, 2026, Pages 389-394
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