The Competition (Amendment) Act, 2023 (Amendment) received Presidential assent on 11 April 2023, after it was passed by both houses of the Indian Parliament. The Amendment will take effect once the Central Government notifies its various provisions in the Gazette of India, possibly in a phased manner. Amendments that are to be clarified through regulations…
The last few weeks have been momentous for Indian competition law – the Competition (Amendment) Act, 2023 (Amendment) received Presidential assent on 11 April 2023, after it was passed by both houses of the Indian Parliament. The lead-up to this moment was almost five years in the making. The Amendments are a product of extensive…
Introduction 2022 was an eventful year for competition law in India. The Competition Commission of India (CCI) operated optimally approving combinations notified before it in reasonable timelines, conducting significant dawn raids, passing notable orders that made international headlines, and conducting market studies. The anticipated amendments to the Competition Act, 2002 (Act) were discussed ad nauseum…
Background Amazon.com Inc. recently approached the Supreme Court against the decision of the National Company Law Appellate Tribunal (NCLAT), where the Tribunal affirmed the ruling of the Competition Commission of India (CCI). The impugned decision of the Tribunal upheld the penalty order against Amazon.com, on the basis of non-disclosure and suppression of material information in…
The Competition (Amendment) Bill (‘Bill’) was first published for public consultation in February 2020 and it is only on 5 August 2022 that it has finally been tabled before the Indian Parliament. The Bill is a concerted effort to harmonize competition law with the evolving realities of businesses today. The Bill proposes to amend both…
The intensity of competition and the problematic conducts of enterprises operating in digital markets have been focal points for discussion across many prominent jurisdictions, for instance, the European Union. The Competition Commission of India has also been actively studying the emerging trends and challenges to ensure competitiveness in the digital sector. Through its market studies…
The Indian antitrust landscape has recently shifted its focus to the regulation of digital markets. To achieve this end, substantial changes to the country’s merger control mechanisms were proposed in the Competition (Amendment) Bill, 2020 (the Amendment/the Bill). One of the central purposes of these amendments is to prospectively analyse mergers and acquisitions that may…
In May 2020, Google integrated its free video conferencing service Meet into its free client mail service Gmail as a pre-installed service that can only be hidden, not deleted, by the consumers by modifying the settings. This conduct could be assessed in competition law as an abuse of dominance, namely a tying sensu stricto, consisting…
The digital payments sector in India has grown exponentially over the last five years due to deeper data and smartphone penetration. The Unified Payment Interface (UPI) system launched by the National Payments Corporation of India (NPCI) has been the main driver of this growth. FY 2019-20 witnessed UPI transactions in India grow exponentially at the…
The unnecessary delay and piling up of cases are amongst the predicament of the Indian Judicial System. And the existence of this intricacy is not limited to the judiciary, it also stretches to other regulatory aspects and administrative systems across our country. Even specific tribunals and regulatory bodies are lagging behind in keeping pace with…
