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Anticompetitive practices

The Indian National Company Law Appellate Tribunal (NCLAT) upholds the Indian Competition Authority’s record fine imposed in the cement cartel case (Builders’ Association of India / Cement Manufacturers’ Association)
Vaish Associates, Advocates (New Delhi)
NCLAT upholds the highest penalty imposed by CCI on cement cartel* The National Company Law Appellate Tribunal (NCLAT) by way of a judgement dated 25 July 2018 has upheld the penalty imposed by the Competition Commission of India (CCI) on 11 cement companies for cartelization. The CCI in its (...)

The Indian Competition Authority dismisses cartel allegations against 37 suppliers of signaling cables to national railways (North Western Railway / Rajasthan Transformers and Switchgears)
Vaish Associates, Advocates (New Delhi)
CCI closes allegation of cartel against 37 suppliers of signaling cables to Indian Railways* The Competition Commission of India (CCI/Commission ) by way of an order dated 12 July 2018 rejected the findings of the Director General (DG) and closed the case against 37 signaling cable (...)

The Indian Competition Authority fines state chemists’ association and 3 pharma companies for anticompetitive practice of "No Objection Certificates" prior to appointment of stockists (Alis Medical Agency / Federation of Gujarat State Chemists & Druggists Associations)
Vaish Associates, Advocates (New Delhi)
CCI imposes penalties on the Chemists’ Associations in State of Gujarat and three pharma companies for indulging in practice of “No Objection Certificate” before appointment of stockists* The Competition Commission of India (“CCI”) by way of an order dated 12 July 2018 has imposed penalty on the (...)

The Indian Competition Authority decides its fourth leniency and fines broadcasting service providers for bid-rigging in tenders floated by sports broadcasters (Essel Shyam Communication / Globecast India / Globecast Asia)
Vaish Associates, Advocates (New Delhi)
CCI decides its fourth leniency, imposes penalty on broadcasting service providers for bid-rigging in tenders floated by Sports Broadcasters* By way of an order dated 11 July 2018, the Competition Commission of India (CCI) imposed a penalty of INR 22.36 Crore on Essel Shyam Communication (...)

The Indian Competition Authority dismisses allegations of collusion between a cement dealers’ association and cement manufacturers due to lack of evidence (Ramco / Kerala Cement Dealers’ Association KCDA)
Vaish Associates, Advocates (New Delhi)
CCI closes investigation against Kerala cement dealers’ association and cement manufacturers* The CCI by its order dated May 24, 2018 has closed the investigation against Ramco Cements Ltd (‘Ramco’) and the Kerala Cement Dealers’ Association (‘KCDA’). The investigation by the Director-General (‘DG’) (...)

The Indian Competition Authority grants penalty reductions to 4 out of 6 members of a cartel guilty of bid rigging public tenders for setting up solid waste processing plants (Nagrik Chetna Manch / Fortified Security Solutions)
Vaish Associates, Advocates (New Delhi)
CCI passes its third leniency decision* The CCI by way of an order dated May 1, 2018 has issued its third leniency order in the case of Nagrik Chetna Manch v. Fortified Security Solutions and Ors. (Case 50 of 2015) in which it granted reduction in penalty to four out of the six leniency (...)

The Indian Competition Authority fines battery manufacturers’ cartel after a 6-year investigation including 2 leniency applications (Eveready Industries India / Indo National / Panasonic Energy India / Association of Indian Dry Cell Manufacturer)
Vaish Associates, Advocates (New Delhi)
CCI Penalizes Batter Manufacturers’ Admitted Cartel - Decised Its Second Leniency Case* Competition Commission of India (CCI) by an order dated 19 April 2018, in its second decision on a leniency application, has awarded a 100 (One Hundred) per cent reduction in penalty to the leniency (...)

The Indian Competition Authority grants penalty reductions to all 3 members of a cartel in zinc-carbon dry batteries due to the members’ leniency applications, including a historic 100% penalty reduction to the first priority leniency applicant (Panasonic / Eveready / Nippo)
Vaish Associates, Advocates (New Delhi)
Competition Commission of India (“CCI”) grants first-ever 100 percent reduction in penalty* The CCI by its order dated April 19, 2018, has awarded a 100 (One Hundred) per cent reduction in penalty to the leniency applicant, Panasonic Energy India Co. Ltd (‘Panasonic’) in a case involving (...)

The Indian Competition Authority reconsiders a price fixing case referred back from the appellate tribunal and reinstates fines against airline companies for fixing fuel surcharge rates for cargo transportation but makes the fines lower (Jet Airways / InterGlobe Aviation / Spice Jet)
Vaish Associates, Advocates (New Delhi)
Competition Commission of India (“CCI”) imposes penalty on Jet Airways, IndiGo Airlines and Spicejet for fixing fuel surcharge rates* By way of an order dated March 7, 2018, the CCI has imposed a cumulative penalty of approx. INR 54 Crores on Jet Airways (India) Ltd (‘Jet Airways’), InterGlobe (...)

The Indian Competition Authority imposes highest fine in terms of profit on hard core cartel for supplying coal to 7 thermal power stations (Maharashtra State Power Generation / Nair Coal Services / Karam Chand Thapar / Naresh Kumar)
Vaish Associates, Advocates (New Delhi)
CCI imposes highest penalty in terms of profit on a hard core cartel for coal liaisoning services for supply of coal to seven thermal power stations of Maharashtra State Power Generation Co. Ltd.* The Competition Commission of India (CCI) vide its order dated January 10, 2018 has exposed a (...)

The Indian Competition Authority widens the scope of bid rigging and exonerates 9 suppliers of AC (air conditioning) packages from allegations of bid rigging despite instances of identical bids (Kapurthala Rail Coach Factory / AC package suppliers)
Vaish Associates, Advocates (New Delhi)
CCI exonerates 9 supplier from bid rigging in railway tenders * The Competition Commission of India (‘CCI’) vide its order dated November 28, 2017 has exonerated nine RDSO [Research Designs & Standards Organisation] approved suppliers (“Opposite Parties”), including four sister companies, of (...)

The Indian Competition Authority requests 28 trade unions and associations in the film industry to "cease and desist" from anticompetitive conduct and reminds them that labor laws are not mutually exclusive with competition laws (All India Film Employee Confederation)
Vaish Associates, Advocates (New Delhi)
Competition Commission finds All India Film Employee Confederation and other parties in contravention of Section 3 of the Competition Act, 2002* The Competition Commission of India (CCI) vide its recent order dated October 31, 2017 has directed 25 trade unions and associations and their All (...)

The Indian Competition Authority fines state association of chemists and issues advisory to pharmaceutical companies to cooperate in ceasing the practice of "No Objection Notices" (All Kerala Chemists & Druggists Association)
Vaish Associates, Advocates (New Delhi)
CCI issues advisory to Pharma companies while imposing penalty on All Kerala Chemists & Druggists Association and its office bearers* The Competition Commission of India vide its recent order dated 31.10.2017, while imposing penalty on the All Kerala Chemists & Druggists Association (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct and bid rigging against 2 companies in the market for construction and electrification of new elevators due to lack of evidence (Maharashtra Industrial Development Corporation / Royal Power Trunkey Implements)
Vaish Associates, Advocates (New Delhi)
The Competition Commission of India dismisses allegations anti-competitive conduct* The CCI vide its order dated October 9, 2017, dismissed allegations of anticompetitive conduct against Maharashtra Industrial Development Corporation (OP 1) and Royal Power Trunkey Implements Private Limited (...)

The Indian Competition Authority fines 3 chemical companies for bid rigging in the market for water purification (Aditya Birla Chemicals / Grasim Industries / Gujarat Alkalis and Chemicals)
Vaish Associates, Advocates (New Delhi)
Competition Commission of India finds Grasim Industries and others indulging in anti-competitive practices* The Competition Commission of India ("CCI") vide its order dated 05.10.2017 has found Aditya Birla Chemicals (India) Limited (ABCIL), Grasim Industries Limited (GIL) and Gujarat Alkalis (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct against 2 professional film associations due to lack of evidence (Film Distributors Association / Kerala Film Producers Association)
Vaish Associates, Advocates (New Delhi)
The Competition Commission dismisses allegations of anti-competitive conduct against the Kerala Film Producers Association* The CCI vide its order dated October 3, 2017 dismissed allegations of contravention of Sections 3 and 4 of the Act.The Informant, P. V. Basheer, exhibits movies in his (...)

The Indian Competition Authority fines 10 companies for bid rigging in coal and sand transportation tenders (Western Coalfields Limited / SSV Coal Carriers)
Vaish Associates, Advocates (New Delhi)
CCI imposes penalty for bid-rigging in coal transportation auctions* The Competition Commission of India (’CCI’) vide order dated September 14, 2017 has imposed penalty of almost INR 12 Crore on 10 entities namely SSV Coal Carriers Pvt. Ltd (OP-1), Bimal Kumar Khandelwal (OP-2), Pravin Transport (...)

The Indian Competition Authority reconsiders and again exonerates air transport association from accusations of anticompetitive agreements and price fixing (Air Cargo Agents Association of India / IATA International Air Transport Association)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegations of cartelization against Air Cargo Agents Association of India* The Competition Commission of India (CCI) vide order dated 12.09.2017 has dismissed allegations of cartelization against the Air Cargo Agents Association of India. The Informant, the International Air (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct against a sound system manufacturer and concludes the manufacturer’s mandatory training for its distributors is justified (Harman International)
Vaish Associates, Advocates (New Delhi)
Competition Commission of India (CCI) dismisses allegations of anti-competitive conduct against Harman International (India) Pvt. Ltd* The CCI vide order dated September 6, 2017 has dismissed allegations of anti-competitive conduct against M/s. Harman International (India) Pvt. Ltd (‘OP’) for (...)

The Indian Competition Authority dismisses allegations of collusion between the central bank and 19 other banks and concludes that the banks’ similar safety locker policies are common practice and not collusion result (Reserve Bank of India)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegations of cartelization against the Reserve Bank of India and 19 other banks* The CCI vide order dated August 23,2017 dismissed allegations of cartelization against RBI and 19 other banks. (“Opposite Party banks”) It was alleged that the Opposite Party banks do not undertake (...)

The Indian Competition Authority finds a professional committee in transportation and its 4 participating associations guilty of price fixing in the market for coastal container services and issues a cease and desist with no fine because conduct was limited and stopped before investigation (Cochin Port Trust / Container Trailer Owners Coordination Commission)
Vaish Associates, Advocates (New Delhi)
CCI finds Container Trailer Owners Coordination Commission and its four participating associations guilty of anticompetitive conduct* The Competition Commission of India (“CCI”) vide dated 01.08.2017 has found Container Trailer Owners Coordination Committee (‘Committee’) and its four participating (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct against two film producers and two digital cinema service providers (K Sera Sera Digital Cinema / Pen India)
Vaish Associates, Advocates (New Delhi)
CCI closes case against the producers and presenters of ‘Kahaani-2’ with respect to alleged anticompetitive agreement* CCI vide its order dated June 21, 2017dismissed allegations of contravention of Section 3 and 4 of the Act against Pen India Ltd., Bound Script Motion Pictures Pvt. Ltd., UFO (...)

The Indian Competition Authority fines global automobile manufacturer for resale price maintenance and other anticompetitive conduct in markets for car manufacturing, spare car parts, and car repair services (Fx Enterprise Solutions India / Hyundai Motor India)
Vaish Associates, Advocates (New Delhi)
CCI penalizes Hyundai for resale price maintenance and tie-in* The CCI vide its order dated June 14, 2017 imposed a penalty of INR 87 Crore (Rupees Eighty Seven Crores) on Hyundai Motor India Limited (‘HMIL’) for contravention of Section 3(4) read with Section 3(1) of the Act. The Information (...)

The Indian Competition Authority finds a professional pharmaceutical association guilty of anticompetitive conduct but refrains from imposing a fine because the association has already recently been fined for similar conduct (Karnataka Chemists and Druggists Association)
Vaish Associates, Advocates (New Delhi)
CCI finds Karnataka Chemist and Druggists Association (KCDA) in violation of Section 3(3) of the Act* CCI by its order dated March 2, 2017 has found that KCDA violated Section 3(3) of the Act. Being prima-facie satisfied by the information filed, the CCI ordered investigation into the matter. (...)

The French Competition Authority dismisses collusion case against car rental companies due to lack of evidence that exchange of information led to strategic changes in their behavior (Europcar / Avis / Citer / Hertz / Sixt / EDA)
Compass Lexecon (Madrid)
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Compass Lexecon (Paris)
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Compass Lexecon (Madrid)
When Information Is Not (Market) Power: Using Quantitative Techniques To Show That Information Exchange Did Not Facilitate Collusion* Abstract On January 2015, the French competition authority claimed that some car rental companies infringed competition law by sharing monthly information (...)

The Indian Competition Authority fines 7 cement manufacturers for bid rigging (State of Haryana / Cement Manufacturers)
Vaish Associates, Advocates (New Delhi)
CCI imposes penalty of INR 205 Crores on 7 cement manufacturers for bid-rigging in supply of cement to Director General (Supplies and Disposal), Haryana* CCI by its order dated January 19, 2017 has imposed a penalty for bid-riggingon 7 cement manufacturers, viz. Shree Cement Limited, Ultratech (...)

The Indian Competition Authority approves its first leniency application and reduces by 75% fine imposed on applicant in bid-rigging case (Pyramid Electronics / Kanwar Electricals / Western Electric and Trading Company)
Vaish Associates, Advocates (New Delhi)
Competition Commission of India (CCI) decides its first application for leniency in Cartels* CCI by its order dated January 18, 2017 decided its first leniency application in favour of the applicant by reducing the fine imposed by 75%. The application was filed on 10 March 2015 by one of the (...)

The Indian Competition Appellate Tribunal (COMPAT) rejects application for complete stay of penalty in cement cartel case (Binani Cement / Builders’ Association of India)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) rejects the application of Binani Cement for complete stay of penalty in Cement Cartel appeals* COMPAT by its order dated January 9, 2017 has rejected the application of Binani Cement for complete stay of penalty while its appeal against the penalty (...)

The Indian Competition Appellate Tribunal (COMPAT) reverses the Indian Competition Authority’s fine of a chemists’ association for cartelization due to mistakes in the investigation (AIOCD All India Organization of Chemists & Druggists / OPPI Organization of Pharmaceuticals Producer of India)
Vaish Associates, Advocates (New Delhi)
COMPAT sets aside penalty imposed by CCI on All India Organization of Chemists and Druggists for cartelization* Competition Appellate Tribunal (COMPAT) by its order dated December 9, 2016 has set aside the orders dated 19.2.2013, 09.12.2013 passed by the Competition Commission of India (CCI) (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds the Indian Competition Authority’s decision against 4 public insurance companies but reduces fines to avoid overburdening the taxpayers (National Insurance / New India Insurance / Oriental Insurance / United India Insurance)
Vaish Associates, Advocates (New Delhi)
COMPAT upholds CCI order against four Insurance Companies, but reduces penalty* COMPAT vide order dated December 09, 2016 has upheld CCI order dated July 10, 2015 passed under section 27 of the Act against Public Sector Insurance Companies for bid-rigging while reducing the penalty from Rs. (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds the Indian Competition Authority’s decision against car manufacturers in the spare car parts markets (Ford India / Nissan Motor India / Toyota Kirloskar Motor)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) rejects appeals of Ford, Nissan and Toyota against CCI Order in Car Spare Parts case but reduces penalty amounts* In an important and path breaking order the Competition Appellate Tribunal (COMPAT) vide order dated December 9, 2016 has upheld the earlier (...)

The Indian Competition Appellate Tribunal (COMPAT) reverses the fine against professional association and its compliant pharmaceutical member company for anticompetitive agreements (Maruti & Company / KCDA Karnataka Chemists & Druggists Association / Lupin)
Vaish Associates, Advocates (New Delhi)
COMPAT set asides penalty imposed on Lupin and its office bearers* COMPAT vide order dated December 07, 2016 while setting aside the order dated July 28, 2016 of CCI has quashed the penalty of Rs 73 Crores imposed on Lupin Ltd. (“Lupin”) and its two officials for alleged anticompetitive (...)

The Indian Competition Appellate Tribunal (COMPAT) rejects the Indian Competition Authority’s investigation conclusion due to failure to address a significant part the plaintiff’s original suit (Air Cargo Agents Association of India / IATA International Air Transport Association)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) quashes CCI order and directs fresh investigation into alleged anti-competitive practices of International Air Transport Association (IATA)* COMPAT, by its order dated November 15, 2016, has set-aside the order of Competition Commission of India (CCI) (...)

The Indian Competition Appellate Tribunal (COMPAT) reverses the Indian Competition Authority’s fine of pharmaceutical companies in a bid rigging case (GlaxoSmithKline / Sanofi)
Vaish Associates, Advocates (New Delhi)
COMPAT sets aside penalty against GSK Pharmaceuticals Ltd. (GSK) and Sanofi Ltd. (Sanofi) for alleged bid-rigging in procurement of meningitis vaccine for Haj and Umrah pilgrims by Ministry of Health and Family Welfare* COMPAT by its order dated November 8, 2016, has set aside the penalty (...)

The Indian Competition Authority dismisses allegations of bid rigging against PVC vinyl flooring manufacturers (Responsive Industries / RMG Polyvinyl India / Premier Polyfilms)
Vaish Associates, Advocates (New Delhi)
Competition Commission of India (CCI) dismisses allegations of bid-rigging against in supply of PVC Vinyl flooring to railways* CCI by its order dated September 21, 2016 has dismissed allegation against manufacturers of PVC Vinyl flooring in relation to supply of “PVC Flooring (Vinyl) width (...)

The Indian Competition Authority re-imposes fines on 11 major cement manufacturers for forming a cartel (Builders’ Association of India / Cement Manufacturers’ Association)
Vaish Associates, Advocates (New Delhi)
Competition Commission of India (CCI) re-imposes penalty on 11 cement companies for cartelisation* CCI by its order dated August 31, 2016 has re-imposed penalties on 11 cement manufacturers and Cement Manufacturers Association(CMA) for violation of Section 3(3)(a) and 3(3)(b) of the Act. The (...)

The Indian Competition Authority fines a professional association and its compliant pharmaceutical member company for anticompetitive agreements (Maruti & Company / KCDA Karnataka Chemists & Druggists Association / Lupin)
Vaish Associates, Advocates (New Delhi)
CCI again fines Pharma Company for Anti-Competitive Activities * The Competition Commission of India (“CCI/ Commission”) by way of its order dated 28.07.2016 has found the Karnataka Chemists and Druggist Association (“KCDA”) , Lupin Ltd. (“Lupin”) and their Office bearers to be in contravention of (...)

The Indian Competition Appellate Tribunal (COMPAT) reverses the Indian Competition Authority’s decision and removes penalites for cartelization in packaging materials for sugar (Indian Jute Mills Association / Gunny Trade Association)
Vaish Associates, Advocates (New Delhi)
COMPAT sets aside CCI order penalizing Jute Mills Association for alleged cartelization for packaging material for sugar, etc.* COMPAT by its order dated July 1, 2016 has over-ruled the order of CCI wherein the Indian Jute Mils Association (IJMA) and Gunny Trade Association (GTA) were (...)

The Indian Competition Authority clarifies that mere collusion or coordination is not enough to hold the Parties in contravention of the provisions of the Competition Act (Ruchi Soya Industries / Betul Oils / Ganganagar Commodity)
Vaish Associates, Advocates (New Delhi)
CCI: Mere collusion or coordination is not enough to hold the Parties in contravention of the provisions of the Competition Act* The CCI, by way of its order dated June 28, 2016 held that M/s Ruchi Soya Industries Ltd., M/s Betul Oils Ltd and M/s Ganganagar Commodity Ltd. were not in (...)

The Indian Competition Authority opens investigation into anticompetitive conduct by agricultural seed manufacturers (Kaveri Seed / Mahyco Monsanto Biotech / Maharashtra Hybrid Seeds)
Vaish Associates, Advocates (New Delhi)
CCI to investigate Monsanto Mahyco Monsanto Biotech (I) Limited & Ors.* The CCI, by way of its order dated June 9, 2016, directed the Director General (‘DG’) to investigate Mahyco Monsanto Biotech (I) Limited, Monsanto Holdings Private Ltd., Monsanto Inc., U.S.A. and Maharashtra Hybrid Seeds (...)

The Indian Competition Appellate Tribunal (COMPAT) cancels fines for bid rigging against 12 ordnance factory suppliers due to lack of evidence, investigation errors by the Indian Competition Authority and clarifies that identical bids are not prima facie collusive (Narendra Explosive)
Vaish Associates, Advocates (New Delhi)
COMPAT sets-aside penalty imposed on 12 suppliers to ordnance factories for indulging in cartelization for supplying raw material that is used for manufacturing of 81 mm bomb* COMPAT by its order dated May 10, 2016 has set-aside the order of CCI where it had imposed a penalty to the tune of (...)

The Indian Competition Appellate Tribunal (COMPAT) cancels fine for anticompetitive agreement against pharmaceutical company due to lack of evidence of said agreement (All Kerala Chemists and Druggists Association / Alkem Laboratories)
Vaish Associates, Advocates (New Delhi)
COMPAT sets aside CCI’s penalty on Alkem Laboratories for indulging in anti-competitive practices* COMPAT by its order dated May 10, 2016 has set-aside the order of CCI in so far as it had held that Alkem Laboratories Limited (Alkem) for violation of Section 3(1) of the Act and had imposed a (...)

The Indian Competition Appellate Tribunal (COMPAT) cancels fine for alleged collusion by professional transport association due to lack of evidence by the Indian Competition Authority (Indian Foundation of Transport Research & Training / All India Motor Transport Congress)
Vaish Associates, Advocates (New Delhi)
COMPAT sets-aside penalty imposed on All India Motor Transport Congress (AIMTC) for alleged increases of transport rates in collusion* COMPAT by its order dated April 18, 2016 has set-aside the order of CCI where AIMTC was penalized for allegedly exhorting truck transporters for increasing (...)

The Indian Competition Appellate Tribunal (COMPAT) sends case back to the Indian Competition Authority because the Authority failed to give defendants notice for appeal before imposing fines and therefore violated the principle of natural justice (Jet Airways / InterGlobe Aviation / Spice Jet)
Vaish Associates, Advocates (New Delhi)
COMPAT sets-aside penalty imposed on domestic airlines and remands the matter back to the CCI* COMPAT by its order dated April 18, 2016 set-aside the penalty imposed on three domestic airlines by the CCI for alleged cartelization and remanded the matter back to the CCI for passing appropriate (...)

The Indian Competition Appellate Tribunal (COMPAT) reverses a bid rigging fine because multi-product companies are to be fined only on their case product turnover and because identical prices are not prima facie illegal (DG S&D / A. R. Polymers)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) sets-aside penalty imposed on Jungle Boot suppliers for alleged bid rigging* COMPAT by its order dated April 12, 2016 has set-aside the penalty imposed on suppliers of Polyester Blended Duck Ankle Boot Rubber Sole/ Appellants (Jungle Boots) against (...)

The Indian Competition Appellate Tribunal (COMPAT) asks the Indian Competition Authority to reconsider big-rigging fines issued against 47 LPG manufacturers (ECP Industries / SKN Industries / IOCL India Oil Corporation)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) directs Competition Commission of India (CCI) to reconsider penalties imposed on LPG manufacturers* COMPAT by its order dated March 1, 2016 has directed CCI to reconsider penalties imposed on the 47 LPG manufactures for bigrigging in procurement of 14.2 (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds dismissal of bid rigging case because in oligopolies identical bids are not prima facie anticompetitive (Faiveley Transport India / Knorr Bremse India)
Vaish Associates, Advocates (New Delhi)
COMPAT upholds order of CCI closing bid-rigging case against railway suppliers of Axle Mounted Disk Braking System (ADBMS)* COMPAT by its order dated February 17, 2016 has upheld the order of CCI closing the case for bid-rigging for supply of Axle Mounted Disk Braking System (ADBMS) to Indian (...)

The Indian Competition Appellate Tribunal (COMPAT) cancels fine for anticompetitive conduct against a pharmaceutical association due to Indian Competition Authority’s failure at principles of natural justice during investigation (Rohit Medical Store / HPCDA Himachal Pradesh Chemist & Druggist Alliance)
Vaish Associates, Advocates (New Delhi)
COMPAT sets-aside penalty imposed on Himachal Pradesh Chemist & Druggist Alliance (HPCDA) on account of failure to observe principles of natural justice during investigation by the DG* COMPAT, by its order dated January 13, 2016, has set-aside the penalty imposed by the CCI on HPCDA and (...)

The Indian Competition Authority closes cartel case against general insurance public sector enterprises and their association (Association of Third Party Administrators / General Insurers’ Public Sector Association of India)
Vaish Associates, Advocates (New Delhi)
Competition Commission of India (CCI) closes case against General Insurance Public Sector Undertakings and their association for alleged cartelization* The CCI, by its order dated January 4, 2016, has closed a case alleging anti-competitive agreements between the four PSU general insurance (...)

The Indian Competition Appellate Tribunal (COMPAT) sends cement cartel case back to Indian Competition Authority because of failure to ensure compliance with principles of natural justice (Binani Cement / Builders’ Association of India)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal sets aside the order of Competition Commission of India against cement cartel* The Competition Appellate Tribunal (COMPAT) vide its recent order dated December 11, 2015 while allowing the appeals of the 10 appellants has set aside the order of the Competition (...)

The Indian Competition Appellate Tribunal (COMPAT) sends case of anticompetitive conduct against film distributors back to Indian Competition Authority for reconsideration (K Sera Sera Digital Cinema / Digital Cinema Initiatives)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) directs re-consideration by CCI against movie producers/ distributors for alleged cartelisation in setting unfair standards in cinema exhibition* COMPAT, by its order dated December 8, 2015 reversed the order of CCI dated April 22, 2015 which closed a (...)

The Indian Competition Appellate Tribunal (COMPAT) cancels fine for anticompetitive conduct against individual executive member of charged association due to lack of evidence against him and investigation errors (Swapan Kumar Karak / Competition Commission of India)
Vaish Associates, Advocates (New Delhi)
COMPAT quashes penalty for individual liability imposed on a member of Executive Committee of a pharmaceutical distributors’ association* COMPAT vide its order dated December 7, 2015 set-aside the penalty of INR 47, 63,579/- imposed by CCI on Shri Swapan Kumar Karak (Director, Karak (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct against antivirus software company due to lack of dominance (Systweak Software / Symantec)
Vaish Associates, Advocates (New Delhi)
CCI closes case against an American Technology Company* CCI vide its order dated November 17, 2015 closed the case filed by M/s Systweak Software, engaged in the development and distribution of computer software operating with Windows and Mac Operating Systems, against an American based (...)

The Indian Competition Appellate Tribunal (COMPAT) cancels fine for boycott by pharmaceutical association against wholesaler because the wholesaler’s own conduct shows lack of any anticompetitive effect (Arora Medical Hall / Ferozepur Chemists & Druggists Association)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal sets aside the penalty imposed by CCI against Chemist and Druggist Association, Ferozepur* COMPAT by its judgment dated 30 October 2015 over-ruled the order penalizing Chemist and Druggist Association, Ferozepur, Punjab in a case filed by Arora Medical Hall, (...)

The Indian Competition Appellate Tribunal (COMPAT) dismisses allegations of anticompetitive conduct against film chamber of commerce due to mistakes in investigation by Indian Competition Authority (Cinergy Independent Film Service / Andhra Pradesh Film Chamber of Commerce)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal set asides the penalty imposed by CCI against Andhra Pradesh Film Chamber of Commerce* Competition Appellate Tribunal (“COMPAT”)in its judgment dated October 14, 2015 set aside the penalty of INR 12.89 lacs imposed by CCI on Andhra Pradesh Film Chamber of Commerce (...)

The Indian Competition Authority issues a cease and desist against retail distributers’ association but applies no fine due to the association ceasing with contentious activities (Shri Ghanshyam Dass Vij / Sonipat Distributor (FMCG) Association)
Vaish Associates, Advocates (New Delhi)
Competition Commission of India (CCI) passes cease and desist order against Sonipat Distributor (FMCG) Association* CCI in its order dated October 12, 2015 found Sonipat Distributor (“FMCG”, Fast Moving Consumers’ Goods) Association (“SDA”) contravening the provisions of section 3(3)(b)& (c) of (...)

The Indian Competition Authority dismisses allegations of bid rigging against 2 manufacturers of AMDBS brakes for trains because their last 3 bids were all accepted by the tender organizer (Faiveley Transport India / Knorr Bremse India)
Vaish Associates, Advocates (New Delhi)
Competition Commission of India (CCI) closes case against disc brake suppliers to Indian Railways on allegation of bid-rigging* CCI by its order dated September 8, 2015 dismissed allegations of bid-rigging against manufacturers of axle mounted disc brake system(AMDBS) used in coaches and power (...)

The Indian Competition Authority fines a state-wide association of film exhibitors for anticompetitive conduct against independently acting film distributors (Crown Theatre / KFEF Kerala Film Exhibitors Federation)
Vaish Associates, Advocates (New Delhi)
CCI penalises Kerala Film Exhibitors Federation* CCI by its order dated September 8, 2015 has found Kerala Film Exhibitors Federation (KFEF) violating section 3(3) (b) of the Competition Act, 2002 (Act). CCI found that the trade association, engaged in the business of exhibition of film in (...)

The Indian Competition Authority fines 3 trade associations in the film and TV markets for anticompetitive conduct (Kannada Grahakara Koota / Karnataka Film Associations)
Vaish Associates, Advocates (New Delhi)
CCI finds anti-competitive agreements between Karnataka film industry associations a violation of section 3(3) of the Act* CCI by its order dated July 27, 2015 has found that the agreements between film industry associations in the Karnataka a violation of section 3(3) of the Act. The CCI (...)

The Indian Competition Authority dismisses allegations of bid rigging against 5 manufacturers of leather fabrics for trains (Responsive Industries & Others)
Vaish Associates, Advocates (New Delhi)
CCI closes case against fabric suppliers to Indian Railways on allegation of bid-rigging* CCI by its order dated July 1, 2015 dismissed allegations of bid-rigging against manufacturers of leather fabrics used in non-AC coaches on the Indian Railways. It was alleged that Responsive Industries (...)

The Indian Competition Authority exonerates an air transport association from accusations of anticompetitive agreements and price fixing (Air Cargo Agents Association of India / IATA International Air Transport Association)
Vaish Associates, Advocates (New Delhi)
CCI exonerates IATA for alleged anti-competitive agreement(s) and price-fixing* CCI by its order dated June 04, 2015 had exonerated IATA for alleged anticompetitive practices and abuse of dominance. The instant case was filed by Air Cargo Agents Association of India (ACAAI) against (...)

The Indian Competition Authority exonerates leading car manufacturer from accusations of anticompetitive agreement and abuse of dominance (Rooster Info / Maruti Suzuki)
Vaish Associates, Advocates (New Delhi)
CCI exonerates Maruti Suzuki India Ltd. against allegations of anti-competitive agreement and abuse of dominant Position* CCI by its order dated May 28, 2015 exonerated Maruti Suzuki India Ltd (Maruti) for alleged contravention of sections 3 and 4 of the Act. The instant case was filed by (...)

The Indian Competition Authority clears 3 vertically related organizations in the housing market from allegations of collusion because their standard clauses are not proven to determine purchase prices (Bombay Dyeing / CREDAI / MCREDAI)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegations of cartelisation against Bombay Dyeing & Manufacturing Company Limited, Confederation of Real Estate Developers Association of India& Maharashtra Chamber of Housing Industries* CCI by its order dated May 19, 2015 exonerated Bombay Dyeing Manufacturing Company (...)

The Indian Competition Authority clears a fire safety equipment manufacturer from allegations of anticompetitive conduct and abuse of dominance (Agni Devices)
Vaish Associates, Advocates (New Delhi)
CCI exonerates Agni Devices Pvt Ltd for anti-competitive agreement and abuse of dominant position* CCI by its order dated May 7, 2015 dismissed allegations of violation of sections 3 and 4 of the Act against Agni Devices Pvt. Ltd (Agni). The case was filed by Shri Ashok Kumar Sharma against (...)

The Indian Competition Authority starts investigating a taxi company for abuse of dominance through predatory pricing (Fast Track Call Cab / ANI Technologies - OLA Cabs)
Vaish Associates, Advocates (New Delhi)
Competition Commission launches investigation into OLA Cabs* By an order dated April 24 2015 the Competition Commission launched an investigation into M/s ANI Technologies Pvt Ltd (OLA Cabs) for alleged abuse of its dominant position by indulging in predatory pricing in the relevant market (...)

The Indian Competition Authority exonerates major telephone manufacturer from charges of anticompetitive practices due to lack of evidence (Samsung India)
Vaish Associates, Advocates (New Delhi)
CCI exonerates Samsung from alleged anti-competitive practices* Competition Commission of India (“CCI”) by way its order dated December 5, 2014 has exonerated Samsung India from the charges of unfair business practices with respect to sale and supply of spare parts and equipments of Samsung’s (...)

The Indian Competition Authority exonerates a manufacturer of label printing machines from charges of anticompetitive conduct due to existence of competitors (Magnus Graphics / Nilpeter, SaiCom)
Vaish Associates, Advocates (New Delhi)
CCI exonerates Nilpeter and SaiCom for alleged abuse of dominance* CCI by way of its order dated December 2, 2014 has exonerated Nilpeter India limited (“Nilpeter”) and SaiCom Codes Flexo Print Pvt. Ltd. (“SaiCom”) for alleged unfair business practices with respect to after sale service for (...)

The Indian Competition Authority orders coal company to cease and desist abuse of dominance in line with previous orders in 2 separate cases (Coal India)
Vaish Associates, Advocates (New Delhi)
CCI directs Coal India to cease & desist from unfair practices* On October 27, 2014, CCI issued two separate orders against Coal India Limited (CIL) and its subsidiaries for abusing their dominant position. The final orders were passed on the information’s filed by Mr. Bijay Poddar (BP) and (...)

The Indian Competition Authority fines 14 car manufacturers for unilateral practices and anticompetitive agreements in the markets for spare car parts and car maintenance (Shri Shamsher Kataria / Honda Siel Cars India)
Vaish Associates, Advocates (New Delhi)
CCI penalizes 14 major Car Companies a penalty of INR 2544.64 Crores* The CCI by way of order dated August 25, 2014 in Shri Shamsher Kataria Vs Honda Siel Cars India Ltd. & Ors. has imposed a total penalty of INR 2,544.65 crore at 2% of total turnover in India on the 14 major car (...)

The UK Office of Fair Trading takes the view that bilateral communications of retail prices between manufacturer and retailers are problematic (Sports Bras)
CRA International (London)
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CRA International (London)
,
CRA International (London)
When do retail price communications between retailers and manufacturers become RPM?* Introduction Commercial negotiations between manufacturers and retailers necessarily involve a discussion of wholesale prices, but they may also involve a discussion of potential retail prices, including (...)

The Indian High Court of Delhi halts the Indian Competition Authority’s investigation of a dominant equipment manufacturer due to a jurisdiction challenge (JCB India / Competition Commission of India)
Vaish Associates, Advocates (New Delhi)
Delhi High Court stays commission investigation into JCB* The Competition Commission has initiated an investigation into JCB India Ltd and JC Bamford Exavators Ltd for alleged abuse of dominance pursuant to information filed by Bull Machines Pvt Ltd. In November 2011 JCB alleged before the (...)

The Indian Competition Appellate Tribunal (COMPAT) reverses the Indian Competition Authority’s fine of a dominant glass tube manufacturer (Kapoor Glass / Schott Glass India)
Vaish Associates, Advocates (New Delhi)
COMPAT sets aside commission’s order in Schott Glass case* By way of its order dated April 2 2014, the Competition Appellate Tribunal (COMPAT) set aside the Competition Commission’s findings against Schott Glass. In March 2012 the commission imposed a fine of Rs56.6 million on Schott Glass for (...)

The Indian Competition Authority opens investigation of a professional education association for creating an entry barrier in the market it regulates (ICAI)
Vaish Associates, Advocates (New Delhi)
Investigation into ICAI over unfair and discriminatory education scheme* The Competition Commission has initiated an investigation into the Institute of Chartered Accountants of India (ICAI) for alleged abuse of dominance by imposing unfair and discriminatory conditions with respect to its (...)

The Indian Competition Authority fines 11 major cement manufacturers with a record fine for forming a cartel (Builders’ Association of India / Cement Manufacturers’ Association)
Vaish Associates, Advocates (New Delhi)
CCI imposes heaviest penalty against Cement cartel* Introduction Competition Commission of India (“CCI”) vide its order dated June 20, 2012 in Builders Association of India Vs Cement Manufactures (case no. 29/2010) has, inter alia, imposed a penalty at 0.5 % times of their profit for the year (...)

Unilateral Practices

The Indian Competition Authority fines joint venture for denying access to essential facility in the market for upstream terminalling services (East India Petroleum / South Asia LPG)
Vaish Associates, Advocates (New Delhi)
CCI imposes penalty on South Asia LPG Company Ltd for abuse of dominant position- a classic case of denial of essential facility* The Competition Commission of India (CCI) by an order dated 11 July 2018, has imposed penalty of INR 19.2 Crore on South Asia LPG Company Ltd (‘SALPG’), a joint (...)

The Indian Competition Authority opens investigation into abuse of dominance by oil and natural gas company in the market for charter hire of offshore support vehicles (Indian National Shipowners’ Association / Oil and Natural Gas Corporation)
Vaish Associates, Advocates (New Delhi)
CCI directs investigation against Oil and Natural Gas Limited (‘ONGC’) for abuse of dominant position* The CCI by way of an order dated June 12, 2018 has directed investigation under Section 26(1) of the Act against ONGC for abusing its dominant position in the relevant market for “charter hire (...)

The Indian Competition Authority opens investigation into abuse of dominance by a diversified textiles manufacturer in the market for Viscose Staple Fibre (Grasim Industries)
Vaish Associates, Advocates (New Delhi)
CCI directs investigation against Grasim Industries Ltd. (‘Grasim’) for abuse of dominant position* The CCI vide an order dated May 16, 2018 directed investigation against Grasim for abusing its dominant position in the relevant market for the sale of Viscose Staple Fibre in India. The (...)

The Indian Competition Authority opens investigation into abuse of dominance and imposition of vertical restraints by a scooter manufacturer (Honda Motorcycle and Scooter)
Vaish Associates, Advocates (New Delhi)
CCI directs investigation against Honda Motorcycle and Scooter Private Ltd (Honda) for imposition of vertical restraints on its dealers and for abuse of dominant position* The CCI by its order dated March 14, 2018 has directed the Director General (“DG”) to investigate allegations of imposition (...)

The Indian Competition Authority fines a local development authority for abuse of dominance in the market for affordable housing (Satyendra Singh / Ghaziabad Development Authority)
Vaish Associates, Advocates (New Delhi)
CCI imposes penalty on Ghaziabad Development Authority (‘GDA’) for abuse of dominant position in Ghaziabad* By way of an order dated February 28, 2018, the CCI imposed penalty on GDA for abusing its dominant position in the relevant market of “provision of services for development and sale of (...)

The Indian Competition Authority fines a global tech company for abuse of dominance in the market for online search and related advertising services (Matrimony.com / Consumer Unity & Trust Society / Google)
Vaish Associates, Advocates (New Delhi)
CCI imposes penalty of INR 136 Crores on Google for abuse of dominant position* The Indian anti-trust regulator, the Competition Commission of India (“CCI/ Commission”) seems to have let Google off with just a rap on the knuckles. CCI vide order dated February 8, 2018 has imposed a penalty of (...)

The Indian Competition Authority opens investigation into abuse of dominance and price discrimination by national media conglomerate in the market for cable TV distribution (Thiruvananthapuram Entertainment Network / Star India)
Vaish Associates, Advocates (New Delhi)
CCI opens investigation against Star India Pvt. Ltd. for alleged abuse of dominance / price discrimination* The Competition Commission of India (CCI) vide order dated December 29, 2017 has initiated an investigation against Star India Pvt. Ltd (“Star India/ Opposite Party”) for alleged violation (...)

The Indian Competition Authority reinstates fine against national governing body for cricket for abuse of dominance and granting of exclusive licenses (Board of Control for Cricket in India)
Vaish Associates, Advocates (New Delhi)
CCI re- imposes penalty of INR 52.24 crores on BCCI for abuse of dominance* The Competition Commission of India (“Commission/CCI”) vide its Order dated November 29, 2017 has re-imposed the penalty of INR 52.24 Crores on the Board of Control for Cricket in India (“BCCI”) after fresh inquiry that (...)

The Indian Competition Authority opens investigation into abuse of dominance by state housing developer (Gurgaon Institutional Welfare Association / Haryana Urban Development Authority)
Vaish Associates, Advocates (New Delhi)
CCI finds a prima facie case of abuse of dominance against HUDA* The CCI vide its order dated October 31, 2017 found a prima facie case of abuse of dominant position by Haryana Urban Development Authority “HUDA” (Opposite Party). The informant, Gurgaon Institutional Welfare Association, is a (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against the largest national energy conglomerate (Tata Power Delhi Distribution / NTPC)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegations of abuse of dominance against NTPC -India’s largest energy conglomerate* The CCI vide its order dated 12.10.2017 has dismissed allegation of abuse of dominance and anti-competitive conduct against NTPC Limited, India’s largest public electricity generator (the Opposite (...)

The Indian Competition Authority dismisses abuse of dominance allegations against state corporation in the market for procurement of bus chassis (Uttar Pradesh State Road Transport Corporation)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegations of anti-competitive conduct against Uttar Pradesh State Road Transport Corporation* The CCI vide its order dated September 7, 2017 dismissed allegations of contravention of Section 3 and 4 by Uttar Pradesh State Road Transport Corporation (UPSRTC) (OP) by VE (...)

Roundtable: The EU Court of Justice reverses the General Court’s decision in an abuse of dominance case against a big tech company in the market for processors and rules that rebates should be judged under rule of reason (Intel)
Compass Lexecon (Brussels)
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The Graduate Institute for International and Development Studies (Geneva)
,
Compass Lexecon (Brussels)
Roundtable Discussion on the ECJ ruling in Intel* On 6 September 2017, the European Court of Justice (“ECJ”) issued a landmark judgment where it set aside the judgment of the General Court (“GC”) in the highly debated Intel matter. This judgment is of particular significance because it provides (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a company in the market for radio taxi services and holds that high market share does not by itself constitute dominance (Fast Track Call Cab / ANI Technologies - OLA Cabs)
Vaish Associates, Advocates (New Delhi)
CCI closes case of alleged abuse of dominance by ANI Technologies Pvt. Ltd. (OLA)* The CCI vide order dated July 19, 2017 closed the case of alleged abuse of dominant position by OLA. The complaint against OLA was filed by Fast Track Call Cab Pvt. Ltd. and Meru Travel Solutions Pvt. Ltd. (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a pharmaceutical manufacturer due to lack of evidence of dominance (Sanofi)
Vaish Associates, Advocates (New Delhi)
CCI closes allegation of abuse of dominance against Sanofi* CCI vide its order dated July 19, 2017 has closed an allegation of abuse of dominant position against Sanofi India Limited (Sanofi). The Informant in the case sought confidentiality of his identity and hence was not named. The (...)

The Indian Competition Authority opens third investigation in a short amount of time into abuse of dominance by one of the largest national energy companies (Mohan Meakin / GAIL India)
Vaish Associates, Advocates (New Delhi)
GAIL comes under CCI scanner once again* The Competition Commission of India (‘CCI’) on a complaint filed by Mohan Meakin Ltd. has directed yet another investigation into alleged unfair market practices leading to abuse of dominant position by GAIL (India) Ltd. (‘GAIL’), vide its latest order (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a public bureau because it does not constitute an enterprise and hence does not fall under the Competition Act (Bureau of Indian Standards)
Vaish Associates, Advocates (New Delhi)
CCI closes allegation of abuse of dominance against the Bureau of Indian Standards* CCI vide its recent order dated June 29, 2017 has closed an allegation of abuse of dominant position against the Bureau of Indian Standards (BIS)and the Department of Consumer Affairs, Food and Public (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against government-controlled coal production company due to lack of dominance and lack of jurisdiction in other matters of the case (Singareni Collieries Company)
Vaish Associates, Advocates (New Delhi)
CCI closes allegation of abuse of dominance against Singareni Collieries Company Ltd.* The CCI vide its order dated June 12, 2017 has closed an allegation of abuse of dominant position against Singareni Collieries Company Limited (SCCL) in an information filed by Karnataka Power Corporation (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a company in the market for wireless telecommunications services and holds that financial strength does not by itself constitute dominance (Reliance Jio Infocomm)
Vaish Associates, Advocates (New Delhi)
CCI closes allegations of abuse of dominance against Reliance Jio* CCI vide its orders dated June 9, 2017 and June 15, 2017 closed allegations of abuse of dominant position against Reliance Jio Infocomm Limited (RJIL). The Informant in the first case was Bharti Airtel Limited (Airtel) and the (...)

The Indian Competition Authority clears dominant mobile messaging service from abuse of dominance allegations (Fight for Transparency Society / WhatsApp)
Vaish Associates, Advocates (New Delhi)
CCI closes allegation of abuse of dominance against WhatsApp* CCI vide its recent order dated June 01, 2017 has closed an allegation of abuse of dominant position against popular message service WhatsApp. The complaint against WhatsApp was filed by an individual Vinod Kumar Gupta on behalf of (...)

The Indian Competition Authority opens investigation into abuse of dominance by global agricultural company but closes case because of its similarity with other open cases against the same company (Sri Rama Agri Genetics India / Mahyco Monsanto Biotech India)
Vaish Associates, Advocates (New Delhi)
CCI initiates investigation against Mahyco Monsanto Group entities for abuse of dominance* CCI by its order dated March 14, 2017 has initiated an investigation against Mahyco Monsanto Group for abuse of dominance in relation to sub-license agreements through which Bt. technology is (...)

The Indian Competition Authority opens investigation into bid rigging by a state government department (Government of Haryana Public Works Department)
Vaish Associates, Advocates (New Delhi)
CCI initiates investigation against Public Works Department (PWD), Government of Haryana* CCI by its order dated 27 February 2017 has initiated investigation against PWR, Govt. of Haryana for abuse of dominance in relation to inviting of bids for construction of rail over bridge in Karnal (...)

The Indian Competition Authority opens investigation into abuse of dominance by a local development authority in the market for affordable housing (Satyendra Singh / Ghaziabad Development Authority)
Vaish Associates, Advocates (New Delhi)
CCI initiates investigation against Ghaziabad Development Authority (GDA)* CCI by its order dated February 2, 2017 has initiated investigation against GDA for abuse of dominant position in relation to arbitrarily increasing price for sale of residential flats for economically weaker section in (...)

The Indian Competition Authority opens investigation into abuse of dominance by a local development authority (Sudarshan Kumar Kapur / Delhi Development Authority)
Vaish Associates, Advocates (New Delhi)
CCI initiates investigation against Delhi Development Authority (DDA) * CCI by its order dated January 12, 2017 has initiated an investigation against the Delhi Development Authority (“DDA”) for abuse of dominant position in relation to delayed allotment of flats in the Middle Income Group (...)

The Indian Competition Authority finds the largest national commercial real estate developer guilty of abuse of dominance for the second time in a short period but refrains from imposing a second fine (DLF New Gurgaon)
Vaish Associates, Advocates (New Delhi)
CCI again finds DLF abusing its dominant position* CCI by its order dated January 04, 2017 has found DLF and its group entities abusing its dominant position by imposing unfair and discriminatory conditions /prices on Informants in violation of Section 4 of the Act. The case was filed by Shri (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds the Indian Competition Authority’s decision for abuse of dominance against a coal company but cancels the fine due to the company already recently paying fine in a similar case (Sai Wardha Power / Coal India)
Vaish Associates, Advocates (New Delhi)
COMPAT upholds the order passed by CCI against Coal India Limited for abuse of dominance* COMPAT by its order dated December 09, 2016 has upheld the order of CCI whereby it held that Coal India Limited and Western Coalfields Limited were acting independently of the market forces and enjoy (...)

The Indian Competition Appellate Tribunal (COMPAT) requests investigation into abuse of dominance by global taxi services company (Meru Travels Solutions / Uber India Systems)
Vaish Associates, Advocates (New Delhi)
COMPAT directs investigation against Uber India for Abuse of Dominance* COMPAT by its order dated December 7, 2016, has set aside the order dated February 10, 2016 of CCI closing the information filed against Uber India Systems Private Limited (“Uber”) for alleged abuse of dominant position and (...)

The Indian Competition Authority dismisses market sharing allegations against 4 companies in the market for Digital Projection Systems in cinema halls (Eskay Video / Real Image Media Technologies Mumbai)
Vaish Associates, Advocates (New Delhi)
CCI closes case against Real Image Media Technologies, Shree Venkatesh Films, UFO movies and Arti Cinemas Pvt. Ltd. for alleged anti-competitive practices and abuse of dominance* CCI by its order dated December 06, 2016 has closed the case against Real Image Media Technologies Mumbai, (OP-1) (...)

The Indian Competition Appellate Tribunal (COMPAT) reverses the Indian Competition Authority’s decision and orders an investigation into national gas supplier for alleged unfair contractual terms (GIPCL Gujarat Industries Power Company / GAIL Gas Authority of India)
Vaish Associates, Advocates (New Delhi)
COMPAT orders investigation against Gas Authority of India Limited (GAIL) for abuse of dominance* COMPAT by order dated November 28, 2016 has set aside the order of CCI refusing investigation against GAIL for allegedly incorporating unfair terms and conditions in its gas supply agreements with (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a laptop manufacturer (S. K. Mittal / HP)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegation of abuse of dominance against HP* CCI, by its order dated November 10, 2016, has dismissed allegation of abuse of dominance against HP for defective products and spurious spare parts. In the Information filed by an individual, Dr. S.K. Mittal, who was essentially (...)

The Indian Competition Appellate Tribunal (COMPAT) reverses the Indian Competition Authority’s decision for a second time and orders an investigation (K Sera Sera Digital Cinema / Digital Cinema Initiatives)
Vaish Associates, Advocates (New Delhi)
COMPAT orders investigation against producers of Hollywood movies* COMPAT by its order dated November 9, 2016 has ordered investigation against 6 producers of Hollywood films for the allegedly forcing a technology, called D-Cinema technology, for providing cinema screening under the auspices (...)

The Indian Competition Authority opens investigation into abuse of dominance by national gas supplier against its customers (Rico Auto / Omax Autos / Rico Castings / GAIL Gas Authority of India)
Vaish Associates, Advocates (New Delhi)
CCI initiates investigation against Gas Authority of India Limited (GAIL) for alleged abuse of dominance* CCI by its order dated October 3, 2016 has directed investigation against GAIL for alleged abuse of dominant position in relation to gas supply agreements (GSAs) with its customers. The (...)

The Indian Competition Appellate Tribunal (COMPAT) sends case back to the Indian Competition Authority for reconsideration of investigation’s findings (Jaypee Greens)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) set-aside CCI decision exonerating Jaypee Group for abuse of dominance and remands the matter back for re-consideration* COMPAT by its order dated September 28, 2016 has set-aside the order of CCI in which the CCI exonerated Jaypee Group from allegations (...)

The Indian Competition Authority dismisses allegations of predatory pricing in the market for auto-rickshaw services (Vilakshan Kumar Yadav / ANI Technologies)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegation of predatory pricing against ANI Technologies Ltd. in New Delhi and NCR* The CCI has dismissed allegation of abuse of dominant position through predatory by Ola Cabs and Taxi For Sure operator ANI Technologies Pvt. Ltd. The Information was filed by three individuals (...)

The Indian Competition Appellate upholds the Indian Competition Authority’s dismissal of abuse of dominance allegations against a mining company in the market for chrome ore (All Odisha Steel Federation / Orissa Mining Corporation)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) upholds CCI order dismissing abuse of dominance allegation against Orissa Mining Corporation (OMC)* COMPAT by its order dated August 30, 2016 has upheld order of CCI which had dismissed allegations of abuse of dominance by OMC has been indulging in (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds the Indian Competition Authority’s dismissal of abuse of dominance allegations against global telecom provider in the market for international roaming services (Vishwambhar Marutirao Doiphode / Vodafone India)
Vaish Associates, Advocates (New Delhi)
COMPAT upholds CCI order dismissing abuse of dominance allegation against Vodafone* COMPAT by its order dated August 16, 2016 has upheld order of CCI whereby it declined to order an investigation into the allegations of abuse of dominance by Vodafone India for levying exorbitant charges for (...)

The Indian Competition Appellate Tribunal (COMPAT) reverses the Indian Competition Authority’s fine for discriminatory practices against a public undertaking due to objective justification (Indian Exhibition Industry Association / Ministry of Commerce and Industry / India Trade Promotion Organisation)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) sets aside penalty imposed on India Trade Promotion Organization for abuse of dominance* COMPAT by its order dated July 1, 2016 has set aside the penalty imposed by the Competition Commission of India (CCI) on India Trade Promotion Organization (ITPO) (...)

The Indian Competition Appellate Tribunal (COMPAT) cancels fine for abuse of dominance against coal company due to the Indian Competition Authority’s failure to uphold principle of natural justice (Coal India)
Vaish Associates, Advocates (New Delhi)
COMPAT sets-aside penalty of INR 1,773 Crores penalty on Coal India Limited (CIL) by CCI* COMPAT by its order dated May 17, 2016 has set aside CCI’s order dated April 15, 2014 wherein CCI had fined Coal India Limited for imposing unfair and discriminatory conditions in its fuel supply (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds the Indian Competition Authority’s dismissal of abuse of dominance allegations against an airline company (Air India / InterGlobe Aviation)
Vaish Associates, Advocates (New Delhi)
COMPAT rules that IndiGo’s predatory recruitment of Air India’s trained pilots is not a competition issue but an employment issue* COMPAT by its order dated April 29, 2016 has upheld the CCI order dated February 10, 2016 refusing to intervene in the matter of predatory recruitment of Air India’s (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds the Indian Competition Authority’s dismissal of abuse of dominance allegations against international airport due to lack of evidence (AOC Airline Operators Committee / DIAL Delhi International Airport)
Vaish Associates, Advocates (New Delhi)
COMPAT upholds CCI order dismissing abuse of dominance allegation against Delhi International Airport Limited (DIAL)* COMPAT by its order dated April 12, 2016 has upheld order of CCI which had dismissed allegations of abuse of dominance by DIAL in charging licence fee from airlines using the (...)

The Indian Competition Authority opens investigation into abuse of dominance by national athletics association (Department of Sports / Athletics Federation of India)
Vaish Associates, Advocates (New Delhi)
CCI directs investigation against Athletics Federation of India (AFI) for abuse of dominance* CCI by its order dated March 16, 2016 has ordered detailed investigation against AFI for restricting organisation of marathons without permission for AFI. The case has been referred by the Department (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds the Indian Competition Authority’s decision and clarifies requirements for interim injunction (Fast Track Call Cab / ANI Technologies - OLA Cabs)
Vaish Associates, Advocates (New Delhi)
COMPAT refuses interim relief to Fast Track Call Cabs in ongoing investigation against Ola for predatory pricing in radio taxi services in Bengaluru* COMPAT by its order dated March 9, 2016 has upheld the CCI order dated September 3, 2015 refusing to grant interim injunction against (...)

The Indian Competition Appellate Tribunal (COMPAT) refers case back to Indian Competition Authority for investigation and clarifies that governmental health office constitutes an "enterprise" under Competition Act (Biswanath Prasad Singh / DGHS Director General of Health Services)
Vaish Associates, Advocates (New Delhi)
COMPAT directs re-consideration of matter against Director General of Health Services & Others* COMPAT by its order dated March 1, 2016 has set-aside the decision of CCI whereby CCI has refused to order investigation against the Director General Health Services (DGHS) for discriminating (...)

The Indian Competition Authority exonerates television audience measurement agency from allegations of abuse of dominance due to lack of dominance in the relevant markets (Prasar Bharati / TAM Media Research)
Vaish Associates, Advocates (New Delhi)
CCI closes case against television audience measurement services agency* CCI by its order dated February 25, 2016 has closed a case alleging abuse of dominant position by the television audience measurement services agency, TAM Media Research Private Limited, in relation to the procedure (...)

The Indian Competition Authority opens investigation into abuse of dominance by global hybrid seeds manufacturer through its alleged excessive royalties (Ministry of Agriculture & Farmers Welfare / Mahyco Monsanto Biotech)
Vaish Associates, Advocates (New Delhi)
CCI to investigate global hybrid seeds giant Monsanto for abuse of dominance in relation to excessive royalties for Bt cotton seeds* CCI by its majority order dated February 10, 2016 has initiated a detailed investigation into the allegedly excessive royalty fee charged by Monsanto, Inc. (USA) (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against real estate company and promoter due to lack of dominance (Raghubir Mertia / Aura Real Estate / Waghere Promoters)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegations of abuse of dominant position against Aura Real Estate (ARE) and Waghere Promoters* CCI by its order dated January 7, 2016 dismissed the allegations of violation of abuse of dominant position against “ARE” and Waghere Promoters (collectively ‘Promoters’). It was alleged (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against airport operator and airport authority due to lack of evidence (Turbo Aviation / Bangalore International Airport / Airports Authority of India)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegations of abuse of dominant position against Bangalore International Airport Limited (BIAL) and Airports Authority of India (AAI)* CCI by its order dated January 7, 2016 dismissed a case against KIAB and AAI for alleged abuse of its dominant position. The case was filed by (...)

The Indian Competition Authority opens investigation into abuse of dominance against sea port and coal terminal (Tamil Nadu Power Producers Association / Chettinad International Coal Terminal / Kamarajar Port)
Vaish Associates, Advocates (New Delhi)
CCI to investigate the Chettinad International Coal Terminal Pvt. Ltd. and Kamarajar Port Ltd. for alleged abuse of dominance* CCI by its order dated January 4, 2016 has initiated an investigation against Kamarajar Port Ltd. (the erstwhile Ennore Port) and Chettinad International Coal Terminal (...)

The Indian Competition Authority dismisses allegations of predatory pricing in the market for taxi services due to lack of dominance (Meru Travel Solutions / Uber India)
Vaish Associates, Advocates (New Delhi)
CCI dismisses case alleging predatory pricing against Uber India* CCI on December 22, 2015 ordered prima-facie closed the case for an alleged abuse of dominance under section 4 of the Act against taxi services provider, Uber. The case was filed by Meru Travel Solutions Private Ltd. (Meru) (...)

The Indian Competition Authority opens investigation into abuse of dominance by syringe manufacturer and group of hospitals (Vivek Sharma / Becton Dickinson India / Max Super Speciality Hospital)
Vaish Associates, Advocates (New Delhi)
CCI initiates investigation against Max Super Specialty Hospitals for alleged abuse of dominance* The CCI in its order dated November 17, 2015, has directed the Director General (DG) to conduct an investigation against Max Super Specialty Hospital (“Max”) and M/s Becton Dickinson India (P) Ltd. (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against educational trust and real estate developer due to lack of dominance (Geeta Kapoor / DLF Qutab Enclave Complex Educational Charitable Trust)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegation of anti-competitive practices against DLF Ltd* The CCI by its order dated November 17, 2015 dismissed allegations against DLF Qutab Enclave Complex Educational Charitable Trust (the Trust) and DLF Ltd.. It was alleged by the Informant, Ms. Geeta Kapoor, that the Trust (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against state owned miner but as concession asks the miner to review its scheme for e-auctions of coal (DB Power / Coal India)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegations of abuse of dominant position against Coal India Ltd. (CIL) and directs CIL to examine the e-auction scheme afresh* CCI in its order dated November 17, 2015 dismissed allegations of unfair business practices against the state owned miner, CIL. In a complaint filed by (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against international airport in the market for office space rentals (AOC Airline Operators Committee / DIAL Delhi International Airport)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegations of abuse of dominant position against Delhi International Airport Ltd. (DIAL)* CCI by its order dated November 17, 2015 dismissed a case against DIAL for alleged abuse of its dominant position by charging high rentals for office space from some of the airlines. The (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against petroleum refiner due to lack of dominance (AnjaniSut Fuel / Reliance Industries)
Vaish Associates, Advocates (New Delhi)
CCI closes two cases against Reliance Industries Limited* CCI by its order dated November 17, 2015 ordered dismissed allegations of violation of Section 4 of the Act, in an information filed by AnjaniSut Fuel (Informant) against Reliance Industries Ltd.(RIL) In order to obtain the dealership (...)

The Indian Competition Authority dismisses by majority view allegations of abuse of dominance against real estate company and concludes that "townships" cannot yet be considered their own relevant market (Jaiprakash Associates / Jaypee Infratech)
Vaish Associates, Advocates (New Delhi)
CCI closes case against Jaiprakash Associates Ltd for alleged abuse of dominance* The Competition Commission of India (CCI) by way of its order dated October 26, 2015 has exonerated M/s Jaiprakash Associates Ltd and M/s Jaypee Infratech Ltd. (OPs) by majority view for alleged abuse of (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a state tax department because challenged activities do not make it an "enterprise" and therefore Competition Act has no jurisdiction (Taj Pharmaceuticals / The Department of Sale Tax & Professional tax)
Vaish Associates, Advocates (New Delhi)
CCI closes case of abuse of dominance and unfair trade practices against Maharashtra’s Department of Sales Tax* The CCI in its order dated September 29, 2015 dismissed allegations against Departments of Sales Tax/Professional Tax (Department).Taj Pharmaceuticals(Informant) complained that the (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against 7 power distribution companies across 4 states due to the jurisdiction being under electricity regulators rather than Competition Act (Open Access Users Association / Tata Power Delhi Distribution)
Vaish Associates, Advocates (New Delhi)
CCI dismisses a case against seven power distribution companies across four states* CCI vide its order dated September 29, 2015 closed the case alleging abuse of dominant position by seven power distribution companies, including three from the National Capital and remaining others from Punjab, (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against newspaper’s online portal (Cloudwalker Streaming Technologies / Bennett, Coleman and Company)
Vaish Associates, Advocates (New Delhi)
CCI closes case against a daily newspaper of Times Group in Mumbai* The CCI by its order dated September 29, 2015 dismissed case against a daily newspaper of Times Group Bombay Times online portal www.halfticket.tv, managed by Cloudwalker Streaming Technologies Private Limited (“Informant”) and (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against cable TV provider by TV station running news stories against State Government due to lack of evidence (Makkal TV / Tamil Nadu Arasu Cable TV)
Vaish Associates, Advocates (New Delhi)
CCI closes case against Tamil Nadu Arasu Cable TV Corporation Ltd.* CCI by its order dated September 29, 2015 has closed the case against Tamil Nadu Arasu Cable TV Corporation (OP), for alleged indulging in unfair and discriminatory practices with regard to collection of carriage fee from (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against an agent distributing academic journals, finds that agent is not dominant in the national market (Global Information Systems Technology)
Vaish Associates, Advocates (New Delhi)
CCI dismisses case against agent of global academic journal publishers in India* CCI by its order dated August 25, 2015 has dismissed a case against Global Information Systems Technology Pvt. Ltd. (GIST) for alleged abuse of dominance. It was alleged that the All India Council for Technical (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a supplier of branded sanitary ware and bathroom fittings, because the defendant is not a dominant firm in the relevant market (Jaquar)
Vaish Associates, Advocates (New Delhi)
CCI dismissed case against sanitary ware-maker Jaquar* CCI by its order dated August 20, 2015 dismissed case against Jaquar & Co. Pvt. Ltd. for alleged abuse of its dominant position and entering into anti-competitive agreements with its dealers in Jaipur. The Informant alleged that since (...)

The Indian Competition Authority closes investigation into abuse of dominance by the national railway company and associated catering and hospitality company, clears both defendants (Indian Railways / IRCTC)
Vaish Associates, Advocates (New Delhi)
CCI closes case against Indian Railway Catering and Tourism Corporation (IRCTC) and Ministry of Railways for alleged abuse of dominance* The CCI by its order dated August 10, 2015 has closed a case alleging abuse of dominance by IRCTC along with Ministry of Railways. The Informants had alleged (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against 4 State Governments’ Departments of Information and Public Relations because those Departments are not dominant in local advertising markets (Departments of Information and Public Relations)
Vaish Associates, Advocates (New Delhi)
CCI dismisses allegation of abuse of dominance against various States’ Department of Information and Public Relations* CCI by its order dated August 5, 2015 dismissed allegations against Departments of Information and Public Relations of various State Governments. It was alleged that the (...)

The Indian Competition Authority fines the 15th car manufacturer for unilateral practices and anticompetitive agreements in the markets for spare car parts and car maintenance (Shri Shamsher Kataria / Honda Siel Cars India)
Vaish Associates, Advocates (New Delhi)
CCI imposes a suspended penalty of INR 420 Crore on Hyundai Motor India Ltd. (HMIL)* CCI by its order dated July 27, 2015 has imposed a suspended penalty on HMIL. In continuation of the earlier order of CCI against car manufacturers, wherein the 14 car manufacturers were penalised for abusing (...)

The Indian Competition Authority exonerates global computer manufacturer from allegations of abuse of dominance in the market for x86 servers (Surana and Surana / Dell India)
Vaish Associates, Advocates (New Delhi)
CCI exonerates Dell India Pvt. Ltd against allegations of abuse of dominant position* CCI by its order dated 10 June 2015 dismissed from allegations of involvement in anti-competitive practices and abuse of dominant position against Dell India Pvt. Ltd (DIPL). The case was filed by M/s Surana (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct and abuse of dominance against a global media company in the national cinema market (K Sera Sera Digital Cinema / NBC Universal)
Vaish Associates, Advocates (New Delhi)
CCI dismisses cases against M/s NBC Universal Media Distribution Services Pvt. Ltd for anticompetitive agreements and abuse of dominant position* CCI by its order dated June 4, 2015 dismissed case against NBC Universal Media Distribution Services Pvt. Ltd (NBC), M/s UFO Movies India Ltd (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct and abuse of dominance against a bank in the national market for commercial and corporate loans (Bank of Baroda)
Vaish Associates, Advocates (New Delhi)
CCI dismissed allegations of anti-competitive agreement and abuse of dominant position against Bank of Baroda* CCI by its order dated June 2, 2015 exonerated Bank of Baroda (Vadodara, Gujarat) (BOBG) and Bank of Baroda (Nainital, Uttarakhand) (BOBN) for alleged anticompetitive practices and (...)

The Indian Competition Authority opens investigation into abuse of dominance by local developer company (Jaypee Greens)
Vaish Associates, Advocates (New Delhi)
CCI initiates investigation against Jaypee Greens* CCI by its order dated May 21, 2015 has initiated an investigation against M/s Jaypee greens for alleged abuse of dominance in the relevant market for “the services of development and sale of residential units in Noida and Greater Noida” on (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct and abuse of dominance against a fast food restaurant chain in the market for franchisee services (Doctor’s Associates / Subway International / Subway Systems India)
Vaish Associates, Advocates (New Delhi)
CCI dismisses case against Doctor’s Associates Inc, Subway International, Subway Systems India Private Limited alleging abuse of dominance and anti-competitive activities* CCI vide its order dated May 13, 2015 exonerated Doctor’s Associates Inc (DA), Subway International (SI), Subway Systems (...)

The Indian Competition Authority investigates mobile telephony SEP holder for practices contrary to FRAND terms (iBall / Ericsson)
Vaish Associates, Advocates (New Delhi)
CCI commences another investigation against Ericsson in relation to Standard Essential Patents (SEPs)* CCI by its order dated May 12, 2015 has initiated an investigation against M/s Telefonaktiebolaget L M Ericsson (Publ) & M/s Ericsson India Private Limited for alleged contravention of (...)

The Indian Competition Authority exonerates government departments from abuse of dominance charges on the grounds that state authorities do not fall under provisions of the Indian Competition Act (Builders Association of India / State of Kerala)
Vaish Associates, Advocates (New Delhi)
CCI exonerates state of Kerala, Kerala Public Works Department, Kerala State Construction Corporation and, Finance Department, Kerala for alleged abuse of dominance* CCI by its order dated May 12, 2015, rejecting the allegations of Builders’ Association of India (Kerala Chapter) (BAI), held (...)

The Indian Competition Authority finds the largest national commercial real estate developer guilty of abuse of dominance in a local market for apartments (DLF Gurgaon)
Vaish Associates, Advocates (New Delhi)
CCI holds DLF’s Buyer’s Agreement abusive and unfair* CCI by its order dated May 12, 2015 held that DLF Group abused its dominant position in the Gurgaon apartment buyers market by imposing abuse terms and unfair terms and conditions. CCI directed DLF and its group companies to cease and desist (...)

The Supreme Court of India upholds decision by Competition Appellate Tribunal to impose a record penalty on the largest national commercial real estate developer (DLF)
Vaish Associates, Advocates (New Delhi)
SC orders DLF to deposit penalty imposed by CCI* Supreme Court by way of its order dated August 27, 2014 directed DLF to deposit the penalty amount of INR 630 crore within a period of 3 months. The Court further directed DLF to deposit INR 50 crore within a period of 3 weeks as a (...)

The Indian Competition Authority opens investigation into abuse of dominant position by state electricity distributor (Vidharbha Industries Association / MSEB Holding Co. Limited & Ors)
Vaish Associates, Advocates (New Delhi)
CCI orders investigation against MSEDCL for market abuse* Pursuant to an information filed by Vidharbha Industries Association (VIA), CCI has directed DG to conduct an investigation into alleged abuse of dominant position by Maharashtra State Electricity Distribution Co. Ltd (MSEDCL). CCI (...)

The EU General Court upholds the EU Commission’s record fine and states that exclusivity-inducing rebates are anticompetitive by default (Intel)
DG COMP (Brussels)
Intel and the future of Article 102* A test-case for the effects-based approach In a long-awaited ruling, last week’s General Court judgment has confirmed the Commission’s 2009 Intel decision. The Commission’s decision had found the chip producer to infringe competition rules by granting (...)

The Indian Competition Authority fines the largest national commercial real estate developer for not complying with a cease and desist order(DLF)
Vaish Associates, Advocates (New Delhi)
DFL fined Rs24.1 million for non-compliance* The informant in Case 67/2010 filed an application with the Competition Commission under Section 42 of the Competition Act, alleging that Delhi Land & Finance (DLF) had not complied with the commission’s final order dated January 31 2012, which (...)

The Indian Competition Authority starts investigation into abuse of dominance by the national railway company and associated catering and hospitality company (Indian Railways / IRCTC)
Vaish Associates, Advocates (New Delhi)
Investigation into Indian Railways and IRCTC for abusive practices* The Competition Commission has initiated an investigation against Indian Railways and Indian Railway Catering and Tourism Corporation (IRCTC) for abusing its dominant position. The informant had alleged that IRCTC was abusing (...)

The UK Office of Communications (Ofcom) dismisses case in pricing wholesale calls and distinguishes between technical margin squeeze and abuse of dominance (Thus / Gama Telecom / BT)
British Competition Authority - CMA (London)
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CRA International (London)
When is a margin squeeze not an abuse?* On 20 June 2013 Ofcom closed its long-running investigation of BT’s pricing of its Wholesale Calls product with a “no grounds for action” decision. The investigation, which commenced in August 2008, focused on allegations of margin squeeze made by THUS plc (...)

The High Court of Delhi upholds the Indian Competition Authority’s decision that the national railways constitute an "enterprise" under the Competition Act and therefore fall within its jurisdiction (Union of India / Competition Commission of India)
Vaish Associates, Advocates (New Delhi)
Indian Railways held to be “enterprise” under the Act* The Delhi High Court vide its Order dated February 23, 2012, in a Writ Petition filed by the Ministry of Railways through Union of India, challenging the Order of the CCI holding that Indian Railways is an enterprise and hence amenable to (...)

The Indian Competition Authority issues penalty against unfair contracts for purchase of flats and for the first time in India focuses on "exploitative" rather than "exclusionary" abuse of dominance (Belaire Owner’s Association / DLF / Haryana Urban Development Authority)
Vaish Associates, Advocates (New Delhi)
DLF fined INR 630 Crores (INR 6.3 billion) by CCI for abusing the dominant position* Introduction Competition Commission of India (“CCI”) vide an order dated August 12, 2011 in Belaire Owner’s Association vs. DLF Limited and HUDA. (Case no. 19/2010) has, inter alia, imposed a penalty at the rate (...)

The Canadian Competition Tribunal dismisses allegations of refusal to deal in the first case under amended Section 75 of Canadian Competition Act (B-Filer / The Bank of Nova Scotia)
CRA International (Toronto)
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CRA International (Toronto)
Tribunal Dismisses B-Filer’s Refusal to Deal Application* On December 20, 2006, the Competition Tribunal released its decision in B-Filer Inc. v. The Bank of Nova Scotia, the first fully contested case under the amended Section 75 of the Competition Act and the first contested case brought as a (...)

Mergers

The Indian Competition Authority approves acquisition of global agricultural company by global pharmaceutical company subject to permanent divestments and 7-year FRAND licensing of genetically modified and non-GM agricultural products (Bayer AG / Monsanto)
Vaish Associates, Advocates (New Delhi)
CCI approves the acquisition of Monsanto by Bayer AG subject to structural modifications* The CCI by its order dated June 14, 2018 has approved the proposed acquisition of Monsanto Company (Monsanto) by Bayer Aktiengesellschaft (Bayer). The CCI approved the proposed combination, subject to the (...)

The Indian Competition Authority unconditionally approves acquisition of a corporate debtor for the first time under the new Insolvency and Bankruptcy Code (Binani Cement / Rajputana Properties)
Vaish Associates, Advocates (New Delhi)
CCI approves initial transactions notified under the Insolvency and Bankruptcy Code, 2016* The CCI vide its order on March 7, 2018, unconditionally approved the proposed acquisition of Binani Cement Ltd by Rajputana Properties, subsidiary of Dalmia Bharat Cement Ltd. This is the first (...)

The Indian Competition Authority approves acquisition of major IT company’s retail mobile telephony business by its telecom competitor (Airtel / Tata Teleservices)
Vaish Associates, Advocates (New Delhi)
CCI approves Airtel-Tata Teleservices Deal* CCI vide its order dated November 16, 2017 has approved the acquisition of consumer mobile business or retail mobile telephony business of Tata companies by Airtel. The deal comes at a time when the telecom sector, bruised by tariff war and mounting (...)

The Indian Competition Authority unconditionally clears merger between an international and a national telecommunications company but also warns that parties must comply with DoT Merger Guidelines by the Ministry of Communications and Information Technology (Bharti Airtel / Telenor)
Vaish Associates, Advocates (New Delhi)
India: CCI approves combination of Bharti Airtel and Telenor* The CCI vide its order dated 30 May, 2017 has approved the amalgamation of Telenor India along with its assets, liabilities, interests and obligations with Airtel through a court driven scheme of merger. Airtel, a part of the (...)

The Indian Competition Authority fines merging parties for failure to disclose global acquisition of the healthcase antisepsis business (Schulke / ASP Division of Ethicon)
Vaish Associates, Advocates (New Delhi)
CCI penalizes Schulke and Mayr GmBH (Schulke) for delayed filing in relation to the acquisition of Healthcare Antisepsis Solutions (HAS) business of Johnson & Johnson Private Limited (JJPL)* CCI, by its order dated January 13, 2017 has imposed a penalty of INR 25,00,000 on Schulke on (...)

The Indian Competition Authority clears acquisition of sole ownership over global glass manufacturer by global chemicals and biofuels company (Guardian / Koch Industries)
Vaish Associates, Advocates (New Delhi)
CCI approves combination of Koch Industries and Guardian Industries under sub- section (1) of section 31 of the Act* CCI by its order dated January 4, 2017, has given the approval to the acquisition of 55.50 percent shares of Guardian Industries Corp. (“Guardian”) by Koch Industries Inc. (KII). (...)

The Indian Competition Authority approves an internal restructuring of healthcare conglomerate’s three companies into two companies with clearer business verticals (Fortis Healthcare / Fortis Malar Hospital / SRL)
Vaish Associates, Advocates (New Delhi)
CCI approves international organization within the Fortis Group* CCI vide its order dated October 14, 2016, has given the approval to the internal re-organization of the hospitals and diagnostics business of Fortis Group into separate verticals. Prior the proposed combination, the healthcare (...)

The Indian Competition Authority clears acquisition of sole ownership over automation solutions provider by private equity group (Cortes NP Acquisition Corporation / ASCO Power GP / Emerson Network Power Business / Platinum Equity Group)
Vaish Associates, Advocates (New Delhi)
CCI approves acquisition of sole interest Emerson Network Power Business (ENP) by Platinum Equity Group* CCI by its order dated October 5, 2016 has approved the aforementioned combination. The proposed combination relates to acquisition by Platinum Equity Group (Platinum) of 85% equity (...)

The Indian Competition Appellate Tribunal (COMPAT) upholds the Indian Competition Authority’s fine for gun jumping imposed on manufacturer of industrial chemicals and fertilizers (SCM Soilfert / Deepak Fertilizers and Petrochemicals)
Vaish Associates, Advocates (New Delhi)
COMPAT upholds penalty imposed on SCM Soilfert for “gun-jumping”* COMPAT by its order dated August30, 2016 has upheld the penalty imposed by the CCI on SCM Soilfert for failure to file a notice under Section 6(2) of the Competition Act, 2002 (the Act) for a combination. Deepak Fertilizers and (...)

The Indian Competition Authority approves a merger and amalgamation between two insurance companies (L&T General Insurance / HDFC Ergo)
Vaish Associates, Advocates (New Delhi)
CCI approves acquisition and amalgamation between HDFC Ergo and L&T* The proposed combination relates to acquisition of 100% shareholding in L&T General Insurance Company Limited (“LTGI”) by HDFC Ergo General Insurance Company Limited (“HDFC Ergo”) from Larsen and Toubro (L&T). (...)

The Indian Competition Authority approves share purchase agreement that transfers a coal plant between two energy companies via a special purpose vehicle (JSW Energy / Jindal Power / Everbest Steel and Mining Holdings / Jindal Steel and Power)
Vaish Associates, Advocates (New Delhi)
CCI approves JSW Energy acquisition of JSPL’s 1,000 MW power plant* CCI vide its order dated July 1, 2016 has given its approval to JSW Energy to acquire 1,000 MW power plant in Chhattisgarh from Jindal Steel and Power Ltd (JSPL).The JSPL board had approved divesting the unit of its subsidiary (...)

The Indian Competition Authority approves joint venture of two foreign global manufacturers of ice cream which will operate in the country only through export sales of one product (Nestle / PAI Partners / Riviera Topco)
Vaish Associates, Advocates (New Delhi)
CCI approves Nestlé & PAI JV* CCI vide its order dated July 1, 2016 has approved JV entered between Nestlé and PAI (through Riviera Topco) which would be jointly controlled by Nestlé and PAI (through Riviera Topco) and would be principally active in the production, distribution and sale of (...)

The Indian Competition Authority approves acquisition of film exhibition business by a cinema theatre company subject to conditions (PVR / DUL)
Vaish Associates, Advocates (New Delhi)
CCI approves PVR’s acquisition of DLF’s cinema exhibition business with modifications* CCI, by its order dated May 04, 2016, has approved acquisition of DLF’s film exhibition business, subject to modifications. The proposed combination relates to acquisition by PVR of DLF Utilities Limited (DUL) (...)

The Indian Competition Authority fines electricity company for failing to notify acquisition within required deadline (General Electric)
Vaish Associates, Advocates (New Delhi)
CCI penalizes General Electric (GE) for failure to notify its proposed acquisition of equity stakes in Alstom* CCI by its order dated February 16, 2016 has penalized GE Energy Europe B.V., GE and GE Industrial France SAS (collectively, the “Acquirers”) for failure to notify a proposed (...)

The Indian Competition Authority unconditionally approves acquisition of 49.86% stake in gas company by investors who already have 50% stake (Gujarat State Petroleum / Gujarat State Petronet / Bharat Petroleum / SBL Sabarmati Gas)
Vaish Associates, Advocates (New Delhi)
CCI approves acquisition of 49.86% stake in Sabarmati Gas Limited (SGL) by PSU petroleum companies* CCI, by its order dated February 10, 2016, has approved acquisition of 49.86% stake in SGL by Gujarat State Petroleum Corporation Limited (“GSPC”); Gujarat State Petronet Limited (“GSPL”); and (...)

The Indian Competition Authority approves acquisition of pharmaceutical company’s business by foreign venture capital firm (FIL Capital Investments (Mauritius) II / Cipla Health)
Vaish Associates, Advocates (New Delhi)
CCI approves proposed combination notice filed by FIL Capital Investments (Mauritius) II Limited* The CCI, by its order dated January 15, 2016 has approved the proposed combination relating to the acquisition of 26.11% shareholding of the paid-up equity share capital of the Cipla Health by (...)

The Indian Competition Authority clears acquisition of all shares in two jointly owned financial companies by single owner (Invesco HK / Religare / RI-AMC / RI-TC)
Vaish Associates, Advocates (New Delhi)
CCI approves combination between Invesco Hong Kong Limited (Invesco HK) and Religare entities* The CCI, by its order dated December 22, 2015, has approved the proposed acquisition of shares of Religare Enterprises Limited (REL)in Religare Invesco Asset Management Company Private Limited (...)

The Indian Competition Authority approves transfer of 45% of shares between two cement companies (HeidelbergCement / Italmobiliare)
Vaish Associates, Advocates (New Delhi)
CCI approves German firm Heidelberg Cement’s proposed acquisition of shares in ItalcementiSpA (ISPA)* CCI by its order dated September 17, 2015, approved the proposed acquisition of 45% shareholding in Italcementi S.p.A (ISPA) by Heidelberg Cement AG from Italmobiliare S.p.A. (ISPA). Both the (...)

The Indian Competition Authority clears structural separation of global pharmaceutical company’s bioscience business into separate new pharmaceutical company (Baxter India / Baxalta India)
Vaish Associates, Advocates (New Delhi)
CCI clears Baxter-Baxalta merger deal* CCI vide its order dated September 8, 2015 has approved the proposed transfer of Baxter India’s bioscience business and related assets to its wholly-owned subsidiary Baxalta India, after finding that the transaction would not have an appreciable adverse (...)

The Indian Competition Appellate Tribunal (COMPAT) reverses the Indian Competition Authority’s fine of a travel agency for not notifying an otherwise exempt transaction (Thomas Cook / Sterling)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal sets aside penalty imposed on Thomas Cook & others for nonnotification of an otherwise exempted transaction* In its first decision on substantive aspects of merger control, the Competition Appellate Tribunal (COMPAT) by its order dated August 26, 2015 has set (...)

The Indian Competition Authority approves a takeover of competitor in the market for transmission and telecommunications towers (Agarwal Steel Structures / Sujana Towers)
Vaish Associates, Advocates (New Delhi)
CCI approves the acquisition of transmission and telecommunication tower business by Agarwal Steel Structures (India) Limited* CCI by its order dated August 19, 2015 approved the proposed combination relating to acquisition of transmission and telecommunication tower business of Sujana Towers (...)

The Indian Competition Authority unconditionally approves acquisition of 4 hypermarkets from one retail company by a competing retail company in a city’s local market (Jubilant / Aditya Birla Retail)
Vaish Associates, Advocates (New Delhi)
CCI approves acquisition of four retail hypermarket stores of Jubilant by Aditya Birla Retail Limited (ABRL)* CCI by its order dated July 29, 2015 approved the proposed acquisition of four ‘Total’ stores of Jubilant Agri and Consumer Products Limited (JACPL) in the city of Bengaluru by ABRL on a (...)

The Indian Competition Authority approves a joint venture between a global consumer healthcare conglomerate and a global technology conglomerate (JJDC Johnson and Johnson Innovation / Ethicon / Google)
Vaish Associates, Advocates (New Delhi)
CCI approves the joint venture between Google and Johnson and Johnson for the research and development in respect of the robotic system for surgical intervention* CCI by its order dated July 10, 2015 approved the proposed combination for creation of a JV between Google and Johnson and Johnson (...)

The Indian Competition Authority approves a merger of two global pharmaceutical companies, because they operate in separate markets in the country (Pfizer / Hospira / Perkins)
Vaish Associates, Advocates (New Delhi)
CCI approves merger of Pfizer, Hospira, Inc. and Perkins Holding Company* CCI by its order dated June 11, 2015 approved the execution of an Agreement and Plan of Merger between Pfizer, Hospira, Inc. (Hospira) and Perkins Holding Company (Perkins), a wholly owned subsidiary of Pfizer. The (...)

The Indian Competition Authority approves a merger between 4 subsidiaries of 2 holding companies in the markets for real estate development, and for building and project consulting (Glenville / JTC)
Vaish Associates, Advocates (New Delhi)
CCI approves combination of Singbridge Pte. Ltd, Surbana International Consultants Holdings Pte. Ltd, Ascendas Pte. Ltd and Jurong International Holdings Pte Ltd.* CCI by its order dated May 21, 2015 approved the combinations of Singbridge Pte. Ltd. (Singbridge) and Surbana International (...)

The Indian Competition Authority approves an acquisition of additional shares in life and general insurance joint ventures by their 2 holding companies (AXA India / Société Beaujon / BAL / BAGI)
Vaish Associates, Advocates (New Delhi)
CCI approves acquisition of Bharti AXA Life Insurance Company Limited and Bharti AXA General Insurance Company Limited by AXA India Holdings and SociétéBeaujon* CCI vide its order dated May 13, 2015 gave assent to acquisition of Bharti AXA Life Insurance Company Limited (BAL) and Bharti AXA (...)

The Indian Competition Authority approves a takeover of global HVAC business by competitor, subject to conditions (Johnson Controls / Hitachi Appliances)
Vaish Associates, Advocates (New Delhi)
CCI approves combination proposed by Johnson Control Inc.* CCI vide its order dated May 7, 2015 approved the combination between Johnson Control Inc. (JCI), Hitachi Ltd. (Hitachi), and Hitachi Appliances, Inc. (HA). The proposed combination entails the acquisition of worldwide building (...)

The Indian Competition Authority clears merger between two leading global pharmaceutical companies, due to their limited shares in the national markets (Novartis / GlaxoSmithKline)
Vaish Associates, Advocates (New Delhi)
CCI approves Novartis-GlaxoSmithKline Plc deal* CCI vide its order dated December 12, 2014 has approved a deal between GlaxoSmithKline Plc (“GSK”) and Novartis. CCI, while approving observed that “the negligible presence" of GSK and Novartis and "the presence of significant competitors, the (...)

The Indian Competition Authority approves a merger of two global pharmaceutical companies, subject to divestitures in seven markets for different formulations (Sun Pharma / Ranbaxy)
Vaish Associates, Advocates (New Delhi)
Sun-Ranbaxy deal got conditional approval from CCI* CCI vide its order dated December 5, 2014 has conditionally approved the proposed merger between Sun Pharma and Ranbaxy (collectively called as “parties”), subject to the parties inter alia carrying out the divestiture of their products (...)

The Indian Competition Authority approves leading global energy drink manufacturer’s acquisition of local competing manufacturer (Coca-Cola Company / New Laser Corporation)
Vaish Associates, Advocates (New Delhi)
CCI approves Coca-Cola’s commercial alliance with Monster Beverages* CCI has approved Coca-Cola’s proposed commercial alliance with US-based Beverage Corp. in the energy drinks market. The deal involved Coca-Cola, its group firm European Refreshments, Monster and its subsidiary New Laser Corp. (...)

The Indian Competition Authority approves joint venture between two electronics manufacturers in the market for lead acid storage batteries (Panasonic / Minda Industries)
Vaish Associates, Advocates (New Delhi)
CCI approves Panasonic-Minda Industries commercial alliance* CCI has approved the proposed joint venture between Minda Industries and Japanese group Panasonic, observing that the deal would not have any appreciable adverse effect on competition in India. Under the said alliance, Minda (...)

The Indian Competition Authority approves acquisition of cement grinding unit by a larger competitor (Shree Cements / Jaiprakash Associates)
Vaish Associates, Advocates (New Delhi)
CCI approves proposed business transfer agreement between Jaiprakash and Shree Cement* CCI has approved the Business Transfer Agreement between Shree Cements Limited (SCL) and Jaiprakash Associates Limited (JAL). Under the said agreement, JAL has proposed the sale of a cement grinding unit at (...)

The Indian Competition Authority provides guidance on treatment of non-compete clause/ obligations in commercial agreements (Orchid Chenicals and Pharmaceuticals / Hospira Healthcare India)
Vaish Associates, Advocates (New Delhi)
Combinations: CCI provides guidance on treatment of non-compete clause/ obligations in commercial agreements* Facts of the Case Recently, CCI has approved a proposed sale by Orchid Chemicals and Pharmaceuticals Ltd (“OCPL”) of its certain assets to Hospira Healthcare. Under the deal, OCPL has (...)

The EU Commission develops a novel theory of harm based on the effect of the transaction on the new entity’s bargaining power (Universal Music Group / EMI Music)
CRA International (Brussels)
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The Graduate Institute for International and Development Studies (Geneva)
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DG COMP (Brussels)
Mergers and bargaining power: back to the future? Insights from the Universal/EMI merger* The decision to approve the acquisition of EMI’s recorded music rights by Universal has recently been published by the European Commission. Following a Phase II investigation, the acquisition was approved (...)

Procedures

The High Court of Delhi upholds the right to counsel during antitrust investigation by Director General but restricts the scope of counsel to exclude direct consultation with client (Oriental Rubber)
Vaish Associates, Advocates (New Delhi)
Delhi High Court upholds right to counsel during DG investigation* The division bench of the Delhi High Court by its judgement dated May 24, 2018 in Competition Commission of India and Anr. v. Oriental Rubber Industries Pvt. Ltd. has upheld the right of a person summoned by the Director (...)

The Supreme Court of India rules that the appellate tribunal was not legally justified in dismissing appeal in a cartel case (Himmatlal Agrawal / Competition Commission of India)
Vaish Associates, Advocates (New Delhi)
Supreme Court limits NCLAT’s appellate jurisdiction* The Supreme Court of India in its judgement dated May 18, 2018 in M/s B. Himmatlal Agrawal v. Competition Commission of India, Civil Appeal No. 5029/2018 has set aside the NCLAT’s order and restored the appeal dismissed by the NCLAT. The (...)

The Supreme Court of India clarifies that the determination of relevant market is not a mandatory pre-condition for initiating investigations of alleged anticompetitive agreements (Co-ordination Committee of Artists and Technicians of West Bengal Film and Television Industry)
Vaish Associates, Advocates (New Delhi)
Supreme Court clears air on definition of relevant market in Section 3 (anti-competitive agreement) cases* The Supreme Court by its order dated May 7, 2018 has clarified that the determination of a ‘relevant market’ is not a mandatory pre-condition for undertaking an assessment of an alleged (...)

The High Court of Delhi refuses to interfere with prima facie order passed by Indian Competition Authority post submission of Director General’s Investigation Report (Cadila Healthcare)
Vaish Associates, Advocates (New Delhi)
Delhi High Court refuses to interfere with prima facie order passed by CCI post submission of DG Investigation Report* The High Court of Delhi in a recent judgement dated March 9, 2018 has refused to interfere in a pending inquiry after the submission of the Director General’s (DG) (...)

The Indian Competition Appellate Tribunal (COMPAT) rejects appeal against initiation of proceedings by Indian Competition Authority because show cause notice cannot be appealed against (AKMN Cylinder)
Vaish Associates, Advocates (New Delhi)
COMPAT rejects appeal of AKMN against initiation of proceedings under Section 43* COMPAT by its order dated February 13, 2017 has rejected the appeal of AKMN Cylinder against initiation of proceedings under Section 43 of the Act by CCI. The CCI by its order dated October 13, 2016 and the (...)

The Indian Competition Appellate Tribunal (COMPAT) rules that in an abuse of dominance appeal the appellant is responsible for providing evidence of alleged dominance (Ravinder Kaur Sethi / DLF Universal)
Vaish Associates, Advocates (New Delhi)
COMPAT: Upheld CCI Order that onus to produce data to prove alleged dominant position lay upon the Informant* COMPAT by its order dated August 9, 2016 has upheld order of CCI whereby it declined to order an investigation into the allegations of abuse of dominance by DLF Universal Limited and (...)

The Indian Competition Appellate Tribunal (COMPAT) clarifies its jurisdiction only covers appeals against the Indian Competition Authority which fall under Section 53A of the Competition Act (TPM Consultants)
Vaish Associates, Advocates (New Delhi)
COMPAT to hear and decide appeals only against order passed by the Commission under Section 53A (1) (a)* COMPAT by its order dated July 4, 2016 upheld order passed by the Competition Commission of India (“CCI/the Commission”) wherein it refused to entertain an appeal challenging the order passed (...)

The Indian Competition Appellate Tribunal (COMPAT) dismisses application for review of its earlier decision and delineates the difference between “power of review” and that of “appeal” (TDI Fun Republic Shops Owners’ Welfare Association / E-City Property Management and Services)
Vaish Associates, Advocates (New Delhi)
Competition Appellate Tribunal (COMPAT) pronounces decision on the scope of review* The COMPAT in its order dated 18.11.2015, has dismissed an application for review of COMPAT’s decision dated September 1, 2015 through which it had dismissed the appeal preferred by the Informant against a (...)

The Indian High Court of Delhi upholds the lower court’s order to halt the Indian Competition Authority’s investigation of a professional education association (CCI / ICAI)
Vaish Associates, Advocates (New Delhi)
High Court of Delhi affirms stay on CCI investigation against ICAI* High Court of Delhi by way of an order dated August 12, 2014, dismissed an appeal filed by CCI against a stay order of the Single Bench of the High Court, wherein the Single Bench has stayed a CCI investigation against ICAI (...)

Regulatory

The Supreme Court of India reverses appellate tribunal’s decision and upholds Indian Competition Authority’s interpretation of the Competition Act resulting in fine for regional TV Multi System Operator (Fastway Transmission)
Vaish Associates, Advocates (New Delhi)
Supreme Court upholds CCI’s interpretation of Section 4(2)(c) of the Act* The Supreme Court vide its judgement dated January 24, 2018 has set aside the COMPAT decision dated May 2, 2014 in which, the COMPAT while dismissing the CCI’s order has held that a denial of market access as envisaged (...)

The Government of India exempts all Central Public Sector Enterprises in the Oil and Gas sector from pre-merger scrutiny by the Indian Competition Authority
Vaish Associates, Advocates (New Delhi)
Central Govt. further dilutes competitive neutrality: exempts Oil and Gas PSU’s from Merger Control by CCI* In continuation of its slew of exemptions, the Government of India, Ministry of Corporate Affairs (MCA) , vide its recent Gazette notification dated November 22, 2017 has exempted all (...)

Research report finds that setting open technology standards through voluntary participation in Standards Development Organisations results in innovative and competitive industries
Compass Lexecon (Brussels)
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Compass Lexecon (Paris)
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Compass Lexecon (Brussels)
Economic Impact of Technology Standards: The past and the road ahead - Key Findings* Our research has shown that industries based on open technology standards, agreed through voluntary participation in industry bodies, have an impressive record of innovation. We looked in particular at the (...)

The Government of India exempts nationalized banks from the merger control regime by the Indian Competition Authority for a period of 10 years
Vaish Associates, Advocates (New Delhi)
Nationalized Banks Exempted From CCI Approval for Mergers* The Ministry of Corporate Affairs (“MCA”) has exempted Nationalized Banks from the applicability of the merger control regime under the Act. The MCA vide a notification dated August 30, 2017 , stipulates that in exercise of the powers (...)

The Indian Competition Authority ammends its Leniency (Lesser Penalty) Regulations to include leniency applications from individuals and expand the number of "markers" that can be granted to leniency applicants
Vaish Associates, Advocates (New Delhi)
CCI amends Lesser Penalty Regulations* The Competition Commission of India (“CCI”) vide a Gazette Notification (published in the Gazette of India) on August 22, 2017, (“the amendment”) has published “The Competition Commission of India (Lesser Penalty) Amendment Regulations, 2017 (No.1 of 2017), (...)

The Government of India exempts Regional Rural Banks (RRBs) from the merger control regime by the Indian Competition Authority for a period of 5 years
Vaish Associates, Advocates (New Delhi)
Regional Rural Banks mergers gets exemption from CCI* The Ministry of Corporate Affairs (MCA) has exempted Regional Rural Banks (RRBs) from the applicability of the merger control regime. The MCA vide a notification dated August 10, 2017 (Notification), stipulates that Sections 5 and 6 of the (...)

The Government of India exempts certain smaller mergers from the 30-day filing deadline and eliminates the penalties for "delayed filings"
Vaish Associates, Advocates (New Delhi)
Indian Merger Control-exemption from 30 day filing deadline to CCI- Will it lead to reduction in “Gun jumping” cases?* Much has been written about the recent exemption granted by the Government of India, Ministry of Corporate Affairs vide Notification dated 29 June, 2017 (‘Notification’) (...)

The Government of India revises method of calculation of thresholds for merger control and extends target exemption to mergers and amalgamations
Vaish Associates, Advocates (New Delhi)
Central government revises method of calculation of thresholds for merger control and extends target exemption to mergers and amalgamations* The Ministry of Corporate Affairs, through a Gazette notification dated March 27, 2017 has modified the method of calculation of assets and turnover for (...)

The Government of India ammends the 2002 Competition Act by extending its jurisdiction and updating the appeals process
Vaish Associates, Advocates (New Delhi)
The Competition (Amendment) Bill, 2012 introduced in Lok Sabha* The Government of India in June, 2011 constituted an expert committee to examine and suggest the modifications in the Competition Act, 2002 (“Act”). After much deliberations the expert committee, has come out with suggestions to (...)

The Indian Competition Authority ammends its 2011 Combination Regulations to make compliance simpler and filings easier
Vaish Associates, Advocates (New Delhi)
CCI further amends Combination Regulations* The Competition Commission of India (‘CCI’) vide a Notification (published in the Gazette of India) on February 23, 2012, published the "The Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) (...)

The US Food and Drug Administration (FDA) makes it possible for incremental pharmaceutical innovation to foreclose generic competitors and thereby cause antitrust concerns
CRA International (Toronto)
Incremental pharmaceutical innovation and antitrust concerns* Many pharmaceutical innovations are improvements on existing drug therapies as opposed to entirely new molecular or biologic entities. Such “incremental innovation” has been at the center of a range of legal disputes in the (...)

The Government of India brings the provisions of the Competition Act, 2002, relating to regulation of “combinations”, into force
Vaish Associates, Advocates (New Delhi)
Merger control provisions notified by the Central Government* The Central Government vide four Gazette notifications issued on Friday, March 4, 2011 has brought the provisions of the Competition Act, 2002 (the Act) relating to regulation of “combinations” i.e. acquisitions, acquiring of control, (...)

The US Department of Justice and Federal Trade Commission release new Horizontal Merger Guidelines which include what amounts to a "gross upward pricing pressure index" (GUPPI)
Georgetown University
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CRA International (Washington)
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CRA International (Washington)
Scoring Unilateral Effects with the GUPPI: The Approach of the New Horizontal Merger Guidelines* The US Department of Justice and the Federal Trade Commission released the 2010 Horizontal Merger Guidelines on August 19, 2010. This note explains the approach set out in the 2010 Merger (...)

Public sector

The Indian Competition Authority announces plans to recruit 24 Competition Resource Persons to promote competition awareness and advocacy
Vaish Associates, Advocates (New Delhi)
CCI to appoint 24 Competition Resource Persons to promote competition awareness and advocacy* The CCI seeks to appoint 24 persons as Competition Resource Persons (CRP) to raise awareness and impart training in competition law. The CCI shall select individuals and non-government (...)

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