Circumstantial Evidence and Dawn Raids: A New Era of Antitrust Investigation in India

The article examines the scope of the use of circumstantial evidence by the Competition Commission of India (CCI) in prosecuting cartels and other anti-competitive agreements. The article thereafter discusses the provisions of the Competition (Amendment) Bill of 2012 relating to the enhancing of the ‘dawn raid’ powers of the CCI and how such powers may herald a new era of antitrust investigations in India. How should the CCI use such dawn raid powers and what steps should companies take to prepare themselves if and when the CCI come knocking, forms the concluding parts of the article.