Private Enforcement of Competition Law: Revisiting the Legal Framework in India

Private Enforcement of Competition Law: Revisiting the Legal Framework in India

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Volume 17 Issue 2 ()

Private enforcement is one of the lesser explored ways of enforcing competition law, wherein an entity is empowered to claim infringement of competition law and compensational remedies for the same. Although it is a popular practice in several jurisdictions, it has remained terribly underutilised in the competition law regime in India. The poor drafting of the provision, which entails establishment of a competition law infringement by an adjudicatory body as a precondition and requires calculation of damages beforehand, has resulted in widespread apprehension and the subsequent underutilisation of the concept in India. This Paper argues in favour of a strengthened mechanism for privately enforcing competition law in India and seeks to reconcile the several objectives of competition regime of the country. It delves into the reasons of the gross underutilisation of such a mechanism despite there being a primitive yet established provision. It analyses the unique position of India as a developing economy and attempts to place it against other world economies with established private enforcement mechanisms. It looks into the current Indian framework and uses a comparative analysis to find out the global best practices that India can adapt within its legal framework. It seeks to arrive at a viable regulatory framework that would further the growth of private enforcement within competition law, as well as achieve the objectives of the competition law regime in the country.

Cite as: Mitali Jain & Nimesh Singh, Private Enforcement of Competition Law: Revisiting the Legal Framework in India, 17 NUJS L. Rev. 1 (2024)