Dimensions of Leniency Policies in Brics: a Comparative Analysis of India, South Africa, Brazil and Russia

• Author: D. Sharma
• Position: National Law University Jodhpur (Jodhpur, India)
• Pages: 6-20

BRICS LAW JOURNAL Volume III (2016) Issue 2

ARTICLES

DIMEnSIonS oF LEnIEnCY PoLICIES In BRICS: a CoMPaRaTIVE anaLYSIS

oF InDIa, SouTH aFRICa, BRaZIL anD RuSSIa

DEEPANKAR SHARMA,

National Law University Jodhpur (Jodhpur, India)

DOI: 10.21684/2412-2343-2016-3-2-6-20

A cartel is a group of similar, independent companies which join together to x prices,

limit production or share markets or customers among themselves. The most signicant

feature of this anticompetitive activity is its restriction of competition between the parties

involved in the arrangement. The objective of a cartel is to raise prices above competitive

levels, which can result in injury to consumers and to the economy. This is why cartels are

considered not only harmful for the economy as a whole but also, as a catalysing factor,

destructive for the idealized approach of maintaining a level playing eld in the market.

Thus various jurisdictions, or rather almost all competition regimes, declare cartels an illegal

activity subject to severe nes and penalties. But it is well known that the enforcement

mechanisms of laws against cartels dier from country to country, and yet the striking

similarity is that almost all competition authorities face the same uphill task of detecting

and busting cartels in a manner that leads to ecient and desired prosecution.

This paper focuses on an analysis of the newly introduced leniency regulations in India

and the parameters of their eectiveness through a comparative analytical study of

BRICS leniency regulations, specically the experiences shared by South Africa, Brazil

and Russia in the application of leniency tools and a marker system. The paper fur ther

considers the weaknesses of the existing leniency regulations in India and in BRICS and

concludes by oering a future path for possible improvements in the form of certain

recommendations.

Keywords: cartel; India; South Africa; Brazil; Russia; leniency policy; marker system.

Recommended citation: Deepankar Sharma, Dimensions of Leniency Policies in Brics:

a Comparative Analysis of India, South Africa, Brazil and Russia, 3(2) BRICS Law Journal

6–20 (2016).