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Research Paper Volume 8 Issue 3 1881 - 1900 May 29, 2025

Decoding Cartel Leniency Program of India, U.S.A., E.U. and Australia with special reference to the Agriculture Sector

Lead author · Corresponding
Omkareshwar Pathak
Research Scholar & Assistant Professor at Faculty of Law, Jagran Lakecity University, Bhopal, India
Co-author
Dr. Sachin Rastogi
Dean at Faculty of Law, Jagran Lakecity University, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.1110022
Abstract

The paper examines the vital role that leniency programs play in breaking up cartels in various countries, with an emphasis on the US, EU, and India. It looks at the intricacies of leniency policies, emphasizing the "leniency plus" and "penalty plus" systems in the US and Australia, which allow businesses who reveal more cartel activity to get less fines. According to the research, the leniency provisions of Indian competition law are based on EU legislation, but they also call for additional growth along the lines of the US system. The limited success of India's leniency policy, as seen by the relatively small amount of leniency orders granted in comparison to the US and EU, is a primary reason for concern. Drawing on the US's more successful leniency policies, the paper also highlights the necessity of clear rules and incentives to entice businesses to come forward with information on cartel activity. It also discusses the topic of discovery orders and information exchange in global settings, pointing out the different strategies used by Australian and US courts. In order to improve India's ability to tackle anti-competitive conduct, the research concludes by recommending that its leniency framework be strengthened.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 1881 - 1900
DOI: https://doij.org/10.10000/IJLMH.1110022
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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