Gauri Chhabra

On 17 March, the CCI decided to adjourn all but urgent matters listed for hearing until 31 March 2020. A week later, on 23 March, it suspended: (a) all filings in relation to Sections 3 and 4 of the Competition Act (anti-competitive agreements and abuse of dominant position); (b) all (...)

Last week, the Ministry of Corporate Affairs (MCA) notified the Draft Competition (Amendment) Bill 2020 (Draft Bill). The proposed changes reflect recommendations made by the Competition Law Review Committee (CLRC) in July 2019. Public comments may be made until 6 March 2020. The 49 page Draft (...)

The CCI closed a case of alleged abuse of dominance by Indian state broadcaster Prasar Bharti and the Ministry of Information and Broadcasting (Opposite Parties). Two private broadcasters complained that the Opposite Parties had abused their dominance in the market for the provision of (...)

It is trite law that, while the Competition Act prohibits an abuse of a dominant position, the mere existence of a dominant position with no evidence of abuse is not prohibited. This was made clear by the CCI in dismissing a complaint that PayU, a fintech company that provides payment (...)

The CCI directed the DG to investigate allegations that Asian Paints had abused its dominant position in decorative paints by threatening dealers who sought to partner with the complainant, JSW Paints. The CCI found prima facie that Asian Paints was dominant given its above 50% market share in (...)

The Competition Commission of India (CCI) has directed an investigation into allegations of anti-competitive agreements between e-commerce marketplaces Amazon and Flipkart, on the one hand, and sellers on these marketplaces, on the other. A Delhi based traders’ body alleged that Amazon and (...)

The CCI published a report on its Market Study on E-Commerce in India. The Study focused on the three broad categories of e-commerce in consumer goods, accommodation services and food services. After giving an overview of trends in and features of e-commerce, the CCI identified and discussed (...)

The CCI invited public comments on a proposed amendment to the Combination Regulations relating to the acquisition of shares pursuant to a public bid or on a stock exchange. At present, such an acquisition cannot, where it qualifies as a notifiable transaction, be completed until CCI clearance (...)

Where a transaction qualifies as a notifiable combination, the notifying party/parties must also notify any inter- connected transactions, even where they are not in themselves notifiable. Failure to do so can result in penalties under Section 43A of the Competition Act for failure to notify. (...)

Continuing the long saga of cartel proceedings against LPG cylinder manufacturers accused of bid-rigging in tenders to oil marketing companies, the CCI held in a recent order that one of the opposite parties – Prathima Industries (Prathima) - had quoted identical rates to those quoted by other (...)

The CCI cleared the proposed acquisition by automobile manufacturers Hyundai and Kia of small shareholdings in ride-sharing company ANI Technologies (ANI/OLA) and its electrical vehicles arm, Ola Electric Mobility (OEMPL), together with strategic cooperation in various areas. The CCI (...)

In its Judgment in the Grasim case, a Division Bench of the Delhi High Court held that the DG had broad powers of investigation going beyond the specific subject matter of the CCI’s prima facie order directing an investigation. In June 2011, the CCI had passed an order under Section 26(1), (...)

The Delhi High Court dismissed a writ petition filed by United India Insurance Company challenging demand notices issued by the CCI requiring payment of interest on penalties imposed by the CCI which were the subject of a stay order by the Competition Appellate Tribunal (COMPAT) hearing an (...)

Deciding on an appeal from the National Company Law Appellate Tribunal (NCLAT), the Supreme Court requested the Director General, CCI (DG) to continue investigating allegations relating to abuse of dominance by Uber in the National Capital Region (NCR). In considering whether the Competition (...)

The CCI cleared the proposed merger of health insurer Apollo Munich Health Insurance Company (Apollo Munich) into HDFC ERGO General Insurance Company (HDFC ERGO). HDFC ERGO is a joint venture between HDFC and ERGO International AG. The CCI found that Apollo Munich and the HDFC Group overlapped (...)

In a welcome move, on 13 August 2019, amendments to the Combination Regulations were published in The Gazette of India. With effect from 15 August 2019 (India’s Independence Day), parties to notifiable acquisitions, mergers and amalgamations (collectively referred to as “combinations”) will, if (...)

In a case with important implications for the budget hotel sector, the CCI rejected at prima facie stage a complaint by RKG Hospitality, a hotelier, that Oravel Stays (OYO), which provides budget accommodation through online booking, had abused its dominant position by imposing one-sided, (...)

The CCI rejected at prima facie stage a complaint by the Indian Chemical Council (ICC) that a leading reinsurer, the General Insurance Corporation of India (GIC), had abused its dominant position. The ICC alleged that GIC was, with its very high market share, dominant in the overall (...)

The CCI rejected at prima facie stage a complaint by Unilazer Ventures (Unilazer), a film content creation company, that a number of multiplex cinema operators and their association had colluded in relation to the imposition of a Virtual Print Fee (VPF), revenue sharing arrangements, delays in (...)

In April 2019, a Division Bench of the High Court of Delhi had declared two provisions of the Competition Act, 2002 unconstitutional and void. All other provisions of the Competition Act were held to be valid subject to a number of orders including that “the Central Government shall take (...)

In a case against the Jalgaon District Medicine Dealers Association (Association), the CCI found that the Association had collected Product Information Service (PIS) charges from manufacturers of pharmaceutical products. The CCI found that payment of the PIS charges was mandatory and, (...)

The CCI cleared the acquisition by Kedaara Capital Fund (Kedaara), a private equity fund, of an approximately 7.98% stake in Ajax Engineering (Ajax), a manufacturer of concreting equipment. Since there were no horizontal overlaps or vertical relationships, the CCI concluded that the proposed (...)

The CCI closed at prima facie stage a case against Vivo Mobile (Vivo), a supplier of mobile handsets, finding that its distribution arrangements raised no concerns under Section 3(4) of the Competition Act which prohibits vertical agreements with an appreciable adverse effect on competition (...)

The Competition Commission of India (CCI) found that two chemist associations and two pharmaceutical companies had engaged in a system of no-objection certificates (NOC) under which the associations prescribed which stockist could stock a company’s products.1 The associations and certain of (...)

India Competition Law Roundup: June 2019 The Competition Commission of India (CCI) found that two chemist associations and two pharmaceutical companies had engaged in a system of no-objection certificates (NOC) under which the associations prescribed which stockist could stock a company’s (...)

The CCI cleared the proposal by GlaxoSmithKline and Pfizer to combine their global consumer healthcare businesses into a joint venture. The CCI considered overlaps in three product segments; non-narcotics/anti-pyretics, antacids/anti-flatulents and calcium preparations. In all three segments (...)

The CCI cleared the proposed acquisition of the electrical and automation business of Larsen & Toubro (L&T) by Schneider Electric and MacRitchie Investments (the Acquirers) on foot of a package of behavioural remedies proposed by the Acquirers. After a lengthy investigation, the CCI (...)

Following a complaint made by a number of users of smartphones using the Android operating system, the CCI prima facie found that Google was dominant in the market for licensable smart mobile device operating systems in India and had abused its dominant position by requiring device (...)

In March 2019, the Delhi High Court interpreted Section 42(3) of the Competition Act, which criminalises non-compliance with orders or directions, to cover directions issued by the Director General (DG). The High Court also rejected arguments that to allow criminal proceedings under Section (...)

On 6 November 2018, the Competition Commission of India (CCI) found that four manufacturers/traders of flashlights and their trade association (the Opposite Parties) were not involved in cartelisation as, despite an information exchange, there was not enough corroborating evidence to suggest a (...)

In an order dated 14 June 2018, the Competition Commission of India (CCI) approved Bayer AG’s (Bayer) acquisition of Monsanto Company (Monsanto) (together, the Parties) subject to certain modifications. Shardul Amarchand Mangaldas & Co. represented Monsanto and assisted in seeking the CCI’s (...)

The CCI closed a case against ABB India (ABB) finding that it was not dominant in the Indian market for a particular power quality product, specifically “IGBT based PQS for less than 1kV usage in India”. InPhase, a manufacturer of power quality and power conversion systems, had alleged that ABB (...)

Introduction The Government of India, through the Ministry of Corporate Affairs (“MCA”), by way of a notification, has revised the merger control thresholds under the Competition Act, 2002 (“Act”) on March 04, 2016, valid for a period of 5 (five) years, ending on March 04, 2021 (“Notification”). (...)

Introduction A notification was jointly filed by Mindspace Business Parks Private Limited (“Mindspace”), K. Raheja Corp Private Limited (“KRC”), Trion Properties Private Limited (“Trion”), Gigaplex Estate Private Limited (“Gigaplex”) and Newfound Properties and Leasing Private Limited (“Newfound”), (...)

Introduction A notification was filed by FAL Corporation (“FAL”) under Section 6(2) of the Competition Act, 2002 (“Act”), pursuant to execution of an agreement amending the Joint Venture Agreement entered between FAL and ICICI Bank Limited (“ICICI”), in relation to its acquisition of additional 9% (...)

Introduction A notification was filed by FAL Corporation (“FAL”) under Section 6(2) of the Competition Act, 2002 (“Act”), pursuant to execution of an agreement amending the Joint Venture Agreement entered between FAL and ICICI Bank Limited (“ICICI”), in relation to its acquisition of additional 9% (...)

Introduction A notice was filed by Sumitomo Mitsui Trust Bank Limited (“Sumitomo”) in relation to its acquisition of 2.77% in Reliance Capital Limited (“RCL”), through share subscription. Although the acquisition was for less than 25% and did not entail control, it required a filing with the (...)

Introduction Caladium Investment Pte. Ltd. (“Caladium”) is a company incorporated in Singapore and an affiliate of GIC, Singapore’s sovereign wealth fund. Bandhan Financial Services Limited (“BFSL”) is a company registered with the Reserve Bank of India (“RBI”) as a non-banking financial (...)

Introduction The Competition Commission of India (“CCI”) directed Piramal Enterprises Limited (“Piramal”) to file a notice pursuant to Section 20(1) of the Competition Act, 2002 (“Act”), read with Regulation 8 of the Competition Commission of India (Procedure in regard to transaction of business (...)

Introduction The Competition Commission of India (“CCI”) has approved the acquisition of Zuari Fertilisers and Chemicals Limited (“ZFCL”); and (b) Zuari Agro Chemicals Limited (“ZACL”), together referred to as the “Acquirers”, in Mangalore Chemicals and Fertilisers Limited (“MCFL”), pursuant to a (...)

Introduction The Competition Commission of India (“CCI”) for the first time has directed divestitures of assets, before granting its final approval, in a combination relating to merger of Ranbaxy Laboratories Limited (“Ranbaxy”) into Sun Pharmaceutical Industries Limited (“Sun Pharma”) (referred (...)

1. Introduction 1.1. The Competition Commission of India (CCI) approved the joint venture entered between Mumbai International Airport Private Limited (MIAL), Indian Oil Corporation Limited (IOCL), Bharat Petroleum Corporation Limited (BPCL), Hindustan Petroleum Corporation Limited (HPCL) (...)

1. Introduction 1.1. The Competition Commission of India (CCI), while approving the acquisition of 17.36% post issue equity share capital of Standard Greases & Specialties Private Limited (SGSPL) by Alpha TC Holdings Pte Limited (Alpha TC Holdings) and Tata Capital Growth Fund I (TCGF I), (...)