Private settlements in competition cases are on the rise, especially after the Supreme Court’s nod in Monsanto. While this speeds up dispute resolution, it sidelines the CCI and weakens public oversight. This post explores how such settlements risk enabling dominant firms to avoid scrutiny, create moral hazard, and deter whistleblowers and why the balanced approach of the Madras High Court still matters for safeguarding fair markets.

Hub-and-spoke cartels are horizontal arrangements between producers or suppliers located vertically in relation to other players in a market. Those situated horizontally are called the spokes and they engage in concerted anti-competitive action. The hub is vertically situated and colludes with the spoke to produce anti-competitive outcomes. These are often instances of indirect coordination and are difficult to prove in terms of substantive evidence. The primary obstacle in d

In 2012, India’s Ministry of Corporate Affairs (“MCA”) granted a blanket exemption for Vessel Sharing Agreements (“VSAs”) from Section 3 of the Competition Act, 2002. Section 3 prohibits any agreement that causes or is likely to cause an appreciable adverse effect on competition (“AAEC”) in the market. A VSA is a collaborative legal arrangement between shipping companies that allows them to share space on a cargo vessel. VSAs constitute a specific form of partnership, distinc