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Cartels are
the most pernicious of anti-competitive practices!
4Ps Business and Marketing, November 2008
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Pradeep S Mehta
"Cartels don’t only relate to price fixing, but
also division of business, territory, restriction
on output..."
Which
are the sectors in India where cartels exist or
may be in process of coming into being?
Airlines, banks (setting of bank charges and
interest rates on savings A/Cs), cement and
telecom sectors have come under the scanner for
cartelisation in India more recently. Also,
collusion has often been found in a number of
government procurements, for example in
construction activity. Most of these cartels
work under guise of trade associations. In cases
abroad, even trade associations have been
charged for aiding and abetting collusion.
What is the
impact of cartels in an industry and economy?
Cartels are considered the most pernicious of
anti-competitive practices. In many
jurisdictions cartelisation or collusion is
treated as a criminal activity under the law.
While companies have paid heavy fines, senior
executives have even undergone jail sentences.
Besides, cartels don’t only relate to price
fixing but also division of business, territory,
restriction on output, et al. They can create
barriers to new entrants and non members to the
cartel agreement.
Any
efforts to quash cartelisation?
A
recent example is in the cement sector where the
MRTPC passed cease and desist orders on some old
enquiries. The recent alliance between Jet and
Kingfisher in the airline industry is being
analysed from the perspective that it maybe a
cartel. Few months ago the private airlines had
got together to set up the Federation of Indian
Airlines and proposed benchmarks for fares, but
the low cost airlines fell out.
Are there
steel cartels too?
I do
not see any signs of cartelisation in the steel
industry. Prices went up phenomenally due to
high demand, which resulted from high economic
growth.
The likely
impact of the Jet-Kingfisher alliance on the
industry?
The
possibility of price fixing is very high and
most likely to happen. The flip side is that if
these airlines do not cooperate on prices then
they would operate in a dirty way and hurt
themselves badly. They may even shut down, thus
affecting the whole economy.
Would you
consider this the end of the low-cost regime in
Indian skies?
The
low cost regime will stand on its own and not
relate to these major players. However, if the
major players raise their prices, then
smaller/low cost players will also raise prices.
Which are
the international cartels operating in India and
what is their impact on consumers and economy?
Very
little work has been done to find out the impact
of international cartels on India. One study
done by Evenett on the impact of an
international cartel in vitamins did show a cost
of about $25 million on India. CUTS had moved
the MRTPC to investigate the matter but they did
not bother to do anything. Another recent case
of airlines fixing prices on cargo rates across
the transatlantic route and elsewhere has also
had an impact on India, for both exports and
imports. But nothing has been done. Perhaps
there is no appreciation of facts. One hopes
that the new Competition Commission of India
will do something when it comes into action, as
it has extra territorial jurisdiction powers.
This news item can also be viewed at:
http://www.4psbusinessandmarketing.com/
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