The 2019 Competition Law Review Committee (CLRC) looked closely at the EU model where cartels are covered under settlements. It establishes an infringement and requires an admission of guilt from parties. Apparently, parties choose settlement when convinced of the strength of the European Commission‘s case following the evidence gathered. So, they may be ready to admit their participation in a cartel and accept liability for it. But the commission has the discretion to determine which cartel cases are suitable. CLRC voted against covering cartels. A possible reason is that, unlike Britain‘s, India’s competition law is yet to evolve fully.
Nevertheless, the parliamentary committee favours a US-type of cartel settlement that entails faster resolution of antitrust cases. But the US built a leniency track record first and then began building a settlement one. A similar approach makes sense for India. Another suggestion of the panel is to review the deal value of transactions every year instead of every two years. This could be unsettling for businesses. A balanced approach is needed in the overhaul of the competition law.