This month, the topic of discussion is penalty on cartel members and leniency provisions in case of honest declaration by the whistleblowers, who were earlier part of the cartel. The article holds that this is a right step in the right direction but the provisions are not clearly worded. This issue of "Corporate Amicus" also covers case note on a recent Order of the Competition Commission which lays down certain standards for the application of 'essential facilities' doctrine. Supreme Court has held that even non-signatory parties of some of the agreements can be referred to arbitration under certain conditions while Competition Appellate Tribunal has held that administrative decision to avail service from a particular entity is not an anti-competitive agreement.
17 April 2013