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…
A fragmented legal landscape In April 2018, the European Commission revealed a proposal for a directive on unfair trading practices in business-to-business relationships in the food supply chain. The proposal comes in response to concerns about power imbalances in the food supply chain – an issue which has been in the eyes of competition authorities…
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…
On 18 September 2018, the UK’s Competition and Markets Authority (the “CMA“) announced that Heathrow airport (“Heathrow“) will pay a fine of £1.6 million in relation to an infringement of UK competition law arising from a restriction included within a commercial lease.[1]See, www.gov.uk/government/news/heathrow-and-arora-admit-to-anti-competitive-car-park-agreement Importantly, this case marks the first occasion that the CMA has used…
The question of what constitutes a restriction of competition ‘by object’ has forever been intensely discussed and heavily litigated across the EU. As AG Kokott stated in her opinion in T-Mobile, the existence of an ‘object’ box is justified by the benefit of legal certainty and, not least, the need for conserving resources of competition…
The UK’s expected separation from the European Union (EU) on 29 March 2019 (Brexit Date) will re-cast the process by which parties pursuing global mergers secure their antitrust approvals. It will also reshape the potential exposure that parties face when subjected to global investigations of anticompetitive conduct. As Brexit rapidly approaches, businesses increasingly seek guidance…
The contemplated acquisition of Nova Broadcasting Group AD by PPF TMT Bidco 2 В.V (the latter entity and its economic group hereinafter referred to as “PPF”) along with a separate acquisition of the vertically integrated business of CEZ Group of companies (owned by CEZ a.s.) by the Bulgarian company Inercom EAD have been making the…
Standards and Standard-Setting Organizations Smart cars rely on interconnectivity and interoperability: in order to achieve autonomous driving, driverless vehicles will have to understand and engage with their environment so they can react and adapt accordingly. Connected cars will become one of the applications of the internet of things as vehicles will be constantly exchanging information…
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…
On September 4, 2018 the European Commission published the non-confidential version of its decision in the Engie case (SA.44888), where it concluded that Luxembourg had granted illegal State aid through two tax rulings.[1] The decision has been appealed by Luxembourg.[2] The decision brings interesting additions and precisions to the arguments developed in the earlier cases…
