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Anticompetitive practices

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 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 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 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 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 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 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 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 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 (...)

Mergers

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 (...)

Procedures

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 (...)

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