Chilling competition? Trade associations & the Indian competition regime

ABSTRACT This paper explores the competition implications of trade associations in modern India. The paper posits that like competition regimes elsewhere in the world, the Competition Commission of India (“CCI”) may distinguish between anti-competitive practices of trade associations and practices that facilitate and support competition in the country, including the use of the platform of a trade association for certain types of information exchange among competitors. The paper recommends that the CCI adopt guidelines to obviate the “chilling” effect on competition for both entities and individuals.