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Lip Service and Liability: Effects Analysis in Indian Competition Law
Naval Satarawala Chopra and Natalia Bilimoria
India’s competition law increasingly invokes “effects analysis,” yet rarely applies it rigorously. While the Supreme Court’s Schott Glass judgment mandates an effects-based approach under Section 4, CCI and NCLAT decisions often rely on structural inferences rather than clear counterfactuals or economic evidence, leaving the doctrine rhetorically embraced but analytically underdeveloped in practice.
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Algorithms as Cartel Architects: Challenges and Potential Framework(s) for Liability and Enforcement
Andaleeb Haider
Algorithmic pricing is transforming competition by enabling firms to monitor rivals, adjust prices instantly, and sustain collusive outcomes without direct human coordination. Traditional antitrust laws, built around proof of agreement and communication, struggle to address autonomous systems that learn collusion through machine learning. This article analyses global and Indian approaches to algorithmic collusion and proposes a foreseeability-based framework for liability and enforcement.
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