Having the Competition Act passed in 2002 and Competition Commission of India (hereinafter ‘CCI’) only started to function from 2009, Indian Competition law has taken many turns over the course of time and the ‘Competition Law Review Committee’, constituted in 2018, aims to ensure that the Indian legislation is in sync with the changing business…
On 9th August 2019, the Competition Commission of India directed the Director General to carry out investigations against Intel Corporation for allegedly violating Section 3 and 4 of the Indian Competition Act, 2002 (the ‘Act’).[1] The case in hand was filed by Matrix Info Systems Pvt. Ltd. (the Informant) under Section 19(1)(a) of the Act…
The affair of deep discounting and predatory pricing is not unknown to the market. In fact, the same has been a conundrum in the e-commerce market for a long time. The brick and mortar retailers have been accusing the e-commerce players of selling the products below its cost price by offering disruptive discounts. According to…
Background On 3rd June 2019, CCI delivered yet another order, wherein it held the Madhya Pradesh Chemists & Druggists Association along with other district-level Associations and Pharma Companies to be in contravention of the Competition Act.[1] According to the commission, the practice of demanding ‘No Objection Certificates’ (NOCs) or ‘Letters of Consent’ (LOCs) by the…
On 16th April 2019, the Competition Commission of India (CCI) ordered a probe against the multinational technology company, Google, for abusing its dominant position in clear violation of Section 4 of the (Indian) Competition Act, 2002 (‘Act’).[1] The present case was filed under Section 19(1)(a) of the Act, alleging Google LLC and Google India Private…
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…
Jio’s Onslaught of the Indian Telecommunication Market On 5th September, 2016 Reliance Jio Infocomm Limited(RJIL) (hereinafter referred as ‘Jio’) released its free data and voice scheme ‘Jio welcome offer’ which was further extended till December. Next, it introduced ‘Happy new year offer’ which extended the previous plan till 31 March, 2017. Even in 2018 and…
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…
