Competition Law Regulation of Trade and Professional Associations
Aishwarya Gupta & Vivasvan Bansal*
Volume 8 Issue 3-4 (2015)
Presence of trade and professional associations contributes significantly towards the development of market players in any industry. Since such associations have the power to influence the decisions of its member entities, many of their seemingly benign activities can be effectively unscrupulous under anti-trust law. However, Competition Commission of India’s flawed, narrow and non-uniform interpretation of the Act has enabled the associations to take advantage of the lacunae in law. In this article, we examine the anti-competitive nature of the practices carried on by trade and professional associations. Thereafter, while scrutinising the extent to which such practices are regulated, we critique the position taken by the Competition Commission of India. Further, we argue for wide interpretation of the term ‘enterprises’ which should be adopted by the authorities to hold associations as enterprises under the Competition Act, 2002.