CARTEL CULPABILITY: BENCHMARKING LEGAL STANDARDS (Pages 118-127) by Mr. Sehgal Rakesh Kumar in THE INTERNATIONAL MANAGER / ISSN: 2348-9413 (Online); 2348-9405 (Print)

By Rakesh Kumar Sehgal 1 Culpability of cartels through collusive conduct is worth examining for its deleterious anti competitive effect of distortion to market efficiency as the operation of cartels distorts free and fair market morphedly and attracts violations under Anti Trust Legislations. Judicial review with respect to cartel and evidential issues most often arise in context of the alleged concerted conduct resulting in effects of concentration and or exclusionary conduct collusive economic conspiracies under certain common law jurisdictions; the need to seen and analyzed on parameters of evolution in national legal systems in fragmenting an activity which hitherto the private law has been traditionally governing. It is but natural that in areas of private laws like negligence standards in torts, the treatment standards for cartels as unlawful activity are hazy and veritably red herring due to the smoke screen around cartels and varying responses to determine cartel culpability in terms of legal standards followed. Keywords: Culpability of Cartels, Market Efficiency, Market Morphedly, Cartels Distorts, Anti Trust Legislations, Evidential Issues, National Legal Systems, Negligence Standards, Red Herring.