Sir,
I have one legal question regarding two acts: competition act 2002 & IPC-1860
If a person or firms are convicted under competition act 2002 for cartel formation(Horizontal agreement)
criminal conspiracy ingredient:
a. illegal act
b. committed by two or more than two persons
c. secret
Horizontal agreement : under competition act 2002
a. illegal agreement
b. committed by two or more than two persons
c. prohibited by law
questions
1. Can the person or persons be prosecuted under sec-120A IPC & punished under sec-120B (II) IPC
2. sec-120A is a substantive offence, can simply the persons involved in criminal conspiracy be punished under simply sec-120B IPC