Introduction The Competition Commission of India (CCI) recently rendered a decision in the matter of Jasper Infotech v. KAFF Appliances[1], wherein it found that KAFF Appliances’ conduct did not cause Resale Price Maintenance (RPM), and thus did not infringe the Competition Act. However, in the course of this decision, the CCI recognized that online marketplaces,…

The Reserve Bank of India (RBI), India’s central banking institution created an inter-regulatory Working Group (WG) in July 2016 to study the scope and potential of FinTech and review the regulatory framework with which the industry has to comply. The goal of this exercise was to make rules and regulations more suitable for the ever-evolving…

Confidentiality, an inherent feature in commercial arbitration and a preferred one too, is of great importance to antitrust proceedings when information is supplied by any party. There are, however, two concepts envisaged within the Competition Act, confidentiality and privacy, although the nomenclature used in the General Regulations, 2009 is ‘confidentiality’ and this does not include…

In a section 27 order delivered in September 2018, the Competition Commission of India, while penalising Esaote for abusing its dominant position, may have laid down a landmark precedent in respect of market definition in India. The majority noted that the relevant product market in the instant case was the market for ‘Dedicated Standing/Tilting MRI…

Combinations, in the form of acquisitions, merger and amalgamations crossing specified assets or turnover thresholds in India are subject to review by the Competition Commission of India (CCI). Most combinations, however, do not raise competition concerns and even if they do, a combination can still be approved subject to modification made to the combination. As…

The Competition Commission of India (hereinafter ‘Commission’) has recently passed an order under Section 26(2) of the Competition Act, 2002 (hereinafter ‘Act’), wherein it has held that there exists no prima facie case against drivers of cab aggregator for involvement of cartel activity/conduct through Ola/Uber’s platform. In Samir Agrawal v ANI Technologies Pvt. Ltd[1], the…

Introduction The Supreme Court of India in its order dated 15 January, 2019 ratified the power of the Office of Director General (DG), i.e., the investigating arm of the Competition Commission of India (CCI) to conduct ‘search and seizure’ operations. This order comes in light of a protracted dispute with JCB India Private Limited (JCB)….

“Personal data is the currency of today’s digital market.”[1] -Viviane Reding, (Former Vice-President, the European Commission) Recently, a Committee of Experts (Srikrishna Committee) set up in India to draft a law for data protection in the country after enunciation of the right to privacy by the Indian Supreme Court, released the “Personal Data Protection Bill,…

The National Company Law Tribunal (hereinafter ‘NCLAT’) on September 19, 2018, passed an order which set aside the penalty of 87 crores imposed on Hyundai Motor India Limited by the Competition Commission of India. One of the primary reasons for the penalty being set aside was the Commission’s failure to appreciate the evidence as the…

Predatory Pricing is often described as pricing of any commodity below a suitable value for the purpose of ousting competitors in the short run and abating competition in the long run. A practice which is detrimental to both competitors and competition, the same proves to be a barrier for market growth as well. Usually, the…