Sections 3 and 4 of India’s new Competition Act, dealing with cartels and abuse of dominance respectively, came into force on 20 May 2009. The new provisions, which represent the equivalent of Articles 81 and 82 of the EC Treaty, will allow the Competition Commission of India to impose fines of up to 10 per cent of a firm’s turnover or three times the profit in respect of a cartel offence. The Commission will also have the power to raid the premises of companies suspected of engaging in anti-competitive practices. Failing to adhere to the Commission’s orders will be a criminal offence punishable by up to three years imprisonment. Provisions dealing with merger control are yet to come into force.
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Indian law on cartel offences and abuse of dominance comes into force
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