International Journal For Multidisciplinary Research

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Beyond Civil Sanctions: The Corporate Criminal liability of Cartel Activities in India.

Author(s) Mr. Arkaprava Dutta, Dr. Debashree Chakrobarty
Country India
Abstract This chapter explores the existing controversy of corporate criminal liability of an Indian cartel behavior, inquisitively evaluating the present regulation system of application of Competition Act, 2002 that basically relies on civil and regulatory fines, and suggests a progressive transformation to penal punishment on gravitational anti-competitive conducts. Even though is one of the worst forms of competition in the market, which undermines the welfare of consumers, market efficiency and economic democracy, the Indian competition law today views such conduct as a regulating offence that can be remedied by imposing monetary fines and remedial behavioral provisions. This is an institutionally effective form of regulation that has normative and doctrinal problems with deterrence, blame worthiness and the expressive character of law in the issue of organized corporate crime.
The chapter puts the cartel behavior within the theory of corporate criminal liability in its totality, which interacts with classical and modern theories of corporate culpability, and these are the identification theory, attribution theory, vicarious liability and organizational fault theory. It assumes that cartels are not regulatory crimes, but structured, scheduled and organized economic crimes, and hideous to the market, market manipulation, and exploitation and abuse of consumers by government agencies. In this respect, regulatory-criminal separation is conceptually wobbly, where the trend of victimization and form of culpability in is more in line with classical economic crime.
Keywords Cartel, Competition Act, 2002, Criminalizing, Penal Accountability, Economic Crime, Civil Liabilities, Antitrust Enforcement.
Published In Volume 8, Issue 2, March-April 2026
Published On 2026-04-06
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E-ISSN 2582-2160
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