The cartel offences have been a global problem slowing disrupting the economy of the world. The developing countries have been known to be more vulnerable than the developed countries. India, being a developing country has gone through its fair share of cartel offence cases. In India, cartel offences are merely civil offences and they do not come under criminal offences. The main topic of discussion is the criminalization of these offences acting as a greater deterrent effect than the offence being classified under administrative law. The severity of these offences also acts as a driving point to criminalize it. Cartel offences are criminal offences in various countries like the US while the UK classifies it as both civil and criminal offences, the stand of India will be addressed in this article. This article further emphasis on the reasons for criminalizing cartel offence in India and whether the criminalization will be a deter the course of this offence.
Authored by Keerthikah.A, School of Excellence, Mumbai University