The antitrust watchdog of India recently in Harshita Chawla v Whatsapp and Facebook[1] held that Whatsapp’s proposed model of integrating its payments app called ‘Whatsapp Pay’ (‘WPay’) within its messaging app is not anti-competitive since it does not constitute ‘tying in’ due to lack of coercion. In reaching such a conclusion the Competition Commission of…

In the last few months, Competition Commission of India (CCI) took what most might view as an extremely lenient stance in two cartel cases; what is known as the most serious violations of competition law. Hard-core cartels are perceived as the “supreme evil of antitrust”[1]. It is then perplexing to understand why such cartels operating…

When Europe sneezes…India catches a cold Investigations against big tech in Europe and U.S. have created a ripple effect all over the world, including India. The impact of worldwide investigations against big tech has intensified the sentiment of mistrust towards digital moguls. In this environment, it is only natural to make conclusions about the course…

On a comparatively hot afternoon of 10th April 2019, the Delhi High Court (‘HC’) whilst dealing with the writ petitions filed by 10 parties of the Auto Parts order (‘order’)[1], pronounced a seminal judgement[2] about the constitutionality of various provisions of the (Indian) Competition Act, 2002 (‘Act’). By way of background, the Competition Commission of…