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Cartels are the anti-thesis to the objectives pursued by competition law regimes world over. The objective of competition law is to protect the process of competition and maximization of consumer welfare by forcing producers to offer consumers a greater choice of high-quality products and services at low prices. Cartels, on the other hand, are cooperative arrangements between competitors to raise prices and reduce choices to the disadvantage of consumers, as well as to curtail the incentive of innovation and quality. In the Indian context, cartels present a graver problem as they not only threaten to end consumers’ choices but also over-ride the bargaining power of small and medium enterprises as well as small traders. Cartels in a developing country like India thus exploit the lack of bargaining power of all the groups in a relatively weaker bargaining position.
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