In this session, Avinash Sharma continues to throw light on the procedural nuances involved with the CCI while investigating a potential violation of the Competition Law. A detailed analysis is done on the various source of information and evidence for DG to turn to while carrying out an investigation under the provisions of the Competition Act, 2002. A detailed discussion is also carried out on the standard of proof required in competition law cases with a special focus on the concept of Per-Se rule and the Rule of Reason.
Other aspects discussed during the course of the session includes:
The kind of evidence usually gathered to establish the existence of a cartel with specific reference to different case laws regarding cartels.
Penalty under the law including the concept of relevant turnover with reference to certain case laws and the decision of the Hon’ble Supreme Court in this matter.
Leniency application under the Competition Act and a comparative analysis of the provisions thereof in the USA and the EU.