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.[1]Hyundai Motors India Limited v Competition Commission of India, Competition Appeal (AT) No 6/2017. One of the primary reasons for the penalty…
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…
The Promises of a digital algorithm economy The digital world has overtaken its offline counterparts in most aspects and is only expected to grow by leaps and bounds due to its economic efficiency features. Take online commerce for instance. It promotes greater transparency, ensures dissemination of symmetric information and ease of doing business. It allows…
Abstract There has been a recent case of ITC/Johnson & Johnson (decided on 11th December, 2017) surrounding the retrospective application of the law/notifications issued by the Indian competition authorities, where the Competition Commission ruled against the possibility of retrospective application of a De Minimis notification. It is pertinent to note that the issue has not…
Prior to the enactment of the Indian Competition Act, 2002 (‘Competition Act’), the Supreme Court of India delivered a decision that has been consigned to irrelevance, yet poses interesting questions for the future of competition law in India. In Haridas Exports v. All India Float Glass Association,[1](‘Haridas Exports’) the Supreme Court opined that the Customs…
In the Indian Jurisdiction, Item I of Schedule I of the 2011 Combination Regulations exempts minority investments made “solely for investment purpose” and not leading to a change of control from notifying to the Competition Commission. However, the exact standard for assessment of the investment purpose and nature of conduct inconsistent with the exception is…
