Man Mohan Sharma

CCI dismisses allegations on WhatsApp and Facebook for abuse of dominance in digital payments market* By way of order dated 18.08.2020, the Competition Commission of India (CCI) has dismissed allegations of abuse of dominance by WhatsApp Inc (“WhatsApp”) and Facebook Inc (“Facebook”) in the (...)

NCLAT directs investigation into alleged abuse of dominant position by Flipkart -Quashes earlier CCI order closing the case* By a recent judgment dated 04.03.2020, the Hon’ble National Company Appellate Tribunal (“NCLAT”) has set aside the order dated 06.11.2018 passed by the Competition (...)

CCI approves acquisition of shares of TVS Automobile Solutions Pvt. Ltd by Mitsubishi* By way of order dated 06.09.2019, the Commission has approved the acquisition of shares of TVS Automobile Solutions Pvt. Ltd (“TVS”) by Mitsubishi Corporation (“Mitsubishi”) by way of subscription as well (...)

CCI Imposes Penalty on LPG Gas manufacturers for Cartelization in Bidding Process in tenders floated by HPCL IN 2011* By way of order dated 09.08.2019, the Competition Commission of India (“CCI/Commission”) has imposed penalty on 51 LPG manufacturers for collectively withdrawing their bids (...)

CCI fines Jai Prakash Associates for abusing its dominant position in the market for sale of independent villas in Integrated Townships in the territory of Noida and Greater Noida* CCI, imposed a penalty of INR 13.82 Crores on Jai Prakash Associates (“JPA”) for abusing its dominant position (...)

CCI directs investigation into India specific warranty policy of Intel finding it potentially abusive of dominance* By way of order dated 09.08.2019, CCI has directed the Director General (DG) to undertake investigation with respect to Intel’s India specific warranty policy in regard to its (...)

CCI imposes penalty for collusive bidding in tender floated by Pune Municipal Corporation* By way of order dated 02.08.2019, CCI has fined SAAR IT Resources Pvt. Ltd (“SAAR”), CADD Systems and Services Pvt. Ltd(“CADD”) and Pentacle Consultants (I) Pvt. Ltd (“Pentacle”) for collusive bidding (...)

By way of order dated 02.08.2019, CCI dismissed allegations of abuse of dominant position by Oil and Natural Gas Corporation Limited (“ONGC”) in the market for charter hire of Offshore Support Vehicles (OSVs) in the Indian Exclusive Economic Zone (EEZ), after a thorough investigation by the (...)

CCI approves acquisition of additional shares of Mumbai International Airport Ltd by GVK Airport Holdings Ltd* By way of order dated 26.07.2019, CCI has approved acquisition of additional shares of Mumbai International Airport Ltd (“MIAL”) by GVK Airport Holdings Ltd (“GVK”), as a result of (...)

CCI orders investigation against Maruti Suzuki for allegedly controlling discounts of its dealers in Western India* By way of order dated 04.07.2019, CCI has directed the DG to undertake a ‘thorough and detailed’ investigation to ascertain the factual position and modus operandi resorted by (...)

CCI penalizes Jalgaon District Medicine Dealers Association for imposing PIS charges on pharma companies* CCI, by way of order dated 20.06.2019, has imposed a penalty of INR 80,185/- on Jalgaon District Medicine Dealers Association (“JDMDA/OP”) in the State of Maharashtra, India for (...)

CCI approves merger of Indiabulls Housing Finance Limited and Indiabulls Commercial Credit Limited into Lakshmi Vilas Bank Limited* CCI, by way of order dated 20.06.2019, has approved the merger of Indiabulls Housing Finance Limited (“IHFL”) and Indiabulls Commercial Credit Limited (“ICCL”) (...)

CCI imposes penalty on chemists and druggist associations in Madhya Pradesh and two pharmaceutical companies* By way of order dated 03.06.2019, CCI imposed penalty on Madhya Pradesh Chemists and Druggist Association (“MPCDA”) and Indore Chemists Association (“ICA”) (collectively ‘chemists (...)

CCI approves acquisition of 100% paid up share capital of UGML and UVSL by Carval Funds and Nithia* By way of order dated 3.06.2019, CCI has approved the acquisition of 100% of the total issued and paid up share capital of Uttam Galva Metallics Limited (“UGML”) and Uttam Value Steel Limited (...)

CCI approves acquisition of 75% shareholding in Essel Propack Limited by Epsilon Bidco* By way of order dated 3.06.2019, CCI has approved the acquisition of up to 75% shareholding of the issued and outstanding equity shares of EsselPropack Limited (“EPL”) by Epsilon Bidco Pte Ltd (...)

CCI holds no violation in exclusive selling beverages of Coca-Cola by INOX Theatres at higher rates than the retail price* The Competition Commission of India (“CCI/ Commission”) by way of order dated 28.02.2019 exonerated INOX Leisure Ltd (“INOX”) and Hindustan Coca-Cola Beverages Private (...)

CCI partly approves acquisition of shareholding in Delhivery Private Ltd by SVF Doorbell* By way of order dated 21.02.2019, the Commission has approved the acquisition of 22.44% shares, as compulsory convertible preference shares, of the total share capital of Delhivery Private Ltd (“DPL”) (...)

Commission approves acquisition of Global Power Solutions Business of Johnson Control by Brookfield* CCI, by way of order dated 14.02.2019, has approved the acquisition of the Global Power Solutions business(“GPS”) of Johnson Controls International plc (“JCI”) by Brookfield Assets Management (...)

CCI approves acquisition of REC Ltd by Power Finance Corporation Ltd* By way of order dated 31.01.2019, CCI has approved the acquisition of around 52.63% equity stake along with management control in REC Ltd (“REC”) by Power Finance Corporation Ltd (“PFC”). The acquisition is the aftermath (...)

CCI approves amalgamation of GlaxoSmithKline into Hindustan Unilever Limited* The Commission, by way of order dated 23.01.2019, has approved the amalgamation of GlaxoSmithKline Consumer Healthcare Limited (“GSKCH”) into Hindustan Unilever Limited (“HUL”) and subsequently cleared HUL to enter (...)

CCI imposes penalty on Godrej and Boyce for being a member of bilateral “ancillary” cartel* The Competition Commission of India (“CCI/ Commission”), by way of order dated 15.01.2019, has imposed a penalty of INR 85,01,364/-on Godrej and Boyce manufacturing Co. Limited (“Godrej”) for acting (...)

CCI Imposes Penalty on Chemists and Druggists Association of Baroda* CCI, by way of order dated 15.01.2019 has found the Chemists and Druggists Association of Baroda (‘CDAB’) to be in contravention of the Act by indulging in the activity of limiting and controlling the supply of drugs and (...)

CCI finds no evidence of resale price maintenance on sale of KAFF appliances on Snapdeal* CCI, by way of order dated 15.01.2019 under Section 26(6) the Act, has dismissed allegations of Resale Price Maintenance (“RPM”) against Kaff Appliances (India) Pvt. Ltd. ( “KAFF/ OP”).The information (...)

CCI cedes jurisdiction to SEBI to decide upon complaint of abuse of dominance against National Stock Exchange* The Commission, in a surprise turn from its previous position in so many cases before, by way of order dated 07.01.2019, decided not to inquire into allegations of abuse of (...)

CCI approves acquisition of 40% equity share capital of Royal Sundaram General Insurance Company Limited by Ageas* By way of order dated 19.12.2018, the Commission has approved the acquisition of 40% equity share capital of Royal Sundaram General Insurance Company Limited (“RSGI/ Target”) by (...)

Integral Corporation acquires optionally convertible preferential stock in Toyo engineering Corporation* The Commission, by way of order dated 19.12.2018, has approved the acquisition of optionally convertible preferential stock (without voting rights) of Toyo Engineering Corporation (...)

Zydus/Cadila acquire 100 percent shareholding of Heinz India* CCI, by way of order dated 06.12.2018, approved the acquisition of Heinz India from Heinz Italia and Heinz Europe by Zydus/Cadila. By way of the acquisition, Zydus/Cadila (“acquirers”) acquired businesses relating to four brands (...)

Shell Gas B.V acquire 100% shares and sole control of HPPL and HLPL* CCI, by way of order dated 06.12.2018, approved the acquisition of (i)26% shares in Hazira LNG Private Limited (“HLPL”) and (ii) 26% shares in Hazira Port Private Limited (“HPPL”), by Shell Gas B.V (“Shell”) from Total Gas (...)

Supreme Court clears the jurisdictional conflict between CCI & TRAI- dismisses CCI and Jio appeals* The Hon’ble Supreme Court by way of its judgement dated 05.12.2018 has finally cleared the uncertainty surrounding the jurisdiction of CCI and TRAI (Telecom Regulatory Authority of India). (...)

CCI directs investigation on allegation of abuse of dominance by IRCTC* By way of order dated November 9, 2018 under Section 26(1) of the Act, CCI directed the DG to investigate the Ministry of Railways, Indian Railway Catering and Tourism Corporation Ltd (the Opposite Parties), for alleged (...)

CCI directs investigation against Intel for abuse of dominant position* The CCI by way of order dated November 9, 2018 under section 26(1) of the Act, directed the DG to investigate Intel Corporation (the Opposite Party/ OP/Intel) for alleged abuse of dominant position in the market for (...)

CCI exonerates RDCA of anti-competitive conduct in pharmaceutical market- disagrees with findings of the DG* The CCI, by way of an order dated November 8, 2018 exonerated Retail and Dispensing Chemists Association, located in Mumbai (“RDCA”) on allegations of limiting and controlling free (...)

CCI finds no abuse of dominance by GAIL in enforcing one-sided clauses in long-term supply contracts in the natural gas market* The CCI by way of order dated November 8, 2018 exonerated GAIL (India) Ltd (of allegations of abusing its dominant position in the Re-gasified Liquified Natural Gas (...)

CCI defines online sale platform as a separate relevant market -holds neither Flipkart nor Amazon as dominant in the market for online marketplace platforms* CCI, by way of order dated 06.11.2018 has dismissed allegations against Flipkart India Private Limited (“Flipkart India”) and Flipkart (...)

CCI holds that mere information exchange by itself is not anti-competitive, in spite of leniency applications filed* The Competition Commission of India (”CCI”) by way of an order dated November 6, 2018 has exonerated Eveready Industries India Limited (“Eveready”), Panasonic Energy India Co. (...)

CCI closes allegation of cartelization between taxi aggregators* By way of an order dated November 6, 2018, the CCI dismissed allegations of concerted action against Ola and Uber Group (OPs). Allegations were levelled against the pricing algorithm adopted by the OPs which allegedly (...)

CCI approves acquisition of sole control of Alstom by Siemens* CCI by way of its order dated November 1, 2018 has approved the acquisition of Alstom S.A (“Alstom”) by the mobility business of Siemens Aktiengesellschaf (“Siemens”). The parties had entered into a Business Combination Agreement (...)

CCI imposes penalty on Esaote SPA and its Indian subsidiary for abusing its dominant position in the sale of specialized MRI machines* The CCI vide its order dated September 27, 2018 has imposed a penalty of INR 9.33 lakhs on Esaote S.p.A and its Indian subsidiary, Esaote Asia Pacific (...)

NCLAT quashes CCI order punishing Hyundai for Resale Price Maintenance and Tying-in* The National Company Appellate Tribunal (“NCLAT/ Tribunal ”) by way of an order dated August 19, 2018 , has set aside the CCI Order dated June 14, 2017 against Hyundai Motors India Ltd. (“Hyundai”) which (...)

CCI imposes penalty on Sugar mill manufacturers and Trade Associations (ISMA and EMAI) for collusive bidding in Government tender under the Ethanol Blending Programme* The Competition Commission of India (CCI/Commission) vide order dated September 18, 2018 has imposed heavy monetary (...)

Delhi High Court Division Bench clears procedural and jurisdictional issues in antitrust enquiry by the CCI* In a landmark judgement dated September 12, 2018, on a LPA filed by Cadila Healthcare Limited (“Cadila”), the division bench of the Delhi High Court, comprising of Justice S. Ravindra (...)

CCI dismisses allegation of abuse of dominant position against the DLF group* By way of an order dated August 31, 2018, the CCI has dismissed allegations of abuse of dominant position by DLF group. The case was closed since DLF was not found to be in a dominant position Gurgaon during the (...)

CCI orders further investigation by DG in alleged abuse of dominance by Max Super Specialty Hospital* The Commission by way of order dated August 31, 2018 directed the DG to conduct further investigations/analysis with emphasis on the relevant market in a case pertaining to an alleged abuse (...)

Competition Commission of India (CCI) imposes penalty on Geep Industries for being a member of bilateral “ancillary” cartel* By way of order dated August 30, 2018, the CCI imposed a penalty of INR 9,64 06,682 (Nine crores sixty-four lakh six thousand six hundred and eight two) on Geep (...)

CCI imposes penalty on Karnataka Film Chamber of Commerce (KFCC) and its office bearers for limiting production and supply of dubbed movies within Karnataka* By way of an order dated August 30, 2018, the CCI imposed a penalty of INR. 9,72 ,943/- (Nine lakh seventy-two thousand nine hundred (...)

CCI approves acquisition of the cement assets of Century Textiles and Industries Limited by Ultratech* Vide its order dated August 21, 2018, the CCI approved the acquisition of the cement assets of Century Textiles and Industries Limited (Target) by Ultratech, The Target had a total cement (...)

CCI approves Walmart’s acquisition of majority stake in Flipkart* The CCI vide its order dated August 8, 2018 approved Walmart International Holding’s acquisition of 51% to 77% of the outstanding shares of Flipkart Private Limited. The CCI noted that both the parties are engaged in B2B (...)

CCI approves Tata Steel’s acquisition of Bhushan Power and Steel limited* The CCI by way of order dated August 6, 2018 approved the acquisition of up to 100% of the issued and paid up share capital of Bhushan Power and Steel Limited (‘Target’) by Tata Steel Limited. The Target is currently (...)

Background The given case involved an information filed by Noida Software Technology Park Ltd (“Noida/Informant”) alleging (i) Cartelization (ii) Refusal to deal (constructive and outright) and (iii) Abuse of dominant position by Star India Pvt Ltd (“Star India”) and Sony Pictures Network (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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) (...)

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’), (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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’) (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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. (...)

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 (...)

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 (...)

CCI Issues Guidance note on “Non-compete” clause: An Overview* Introduction “Non-compete” obligations are frequently incorporated in M & A transactions to facilitate the effective implementation of a proposed combination. Non-compete obligations enable the Acquirer to secure complete (...)

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 (...)

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’) (...)

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., (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

Background and Allegation Information was filed before the Competition Commission of India (“CCI/Commission”) by M/s Shah Associates (“Informant”) alleging abuse of dominance by Timken India Limited (“Timken”). The informant is engaged in the business of trading in bearings, gear boxes and (...)

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, (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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. (...)

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 (...)

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. (...)

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 (...)

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) (...)

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 (...)

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 (...)

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) (...)

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 (...)

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) (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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. (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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). (...)

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 (...)

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 (...)

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 (...)

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) (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

Central Government Notifies Revised Thresholds for Merger Control and Extends Exemptions* The Ministry of Corporate Affairs, Govt. of India has made important revisions to the merger control regime in India. The following three Notifications were published in the Gazette of India on March 4, (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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. (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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) (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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) (...)

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 (...)

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 (...)

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 (...)

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 (...)

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, (...)

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 (...)

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 (...)

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)& (...)

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 (...)

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 (...)

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 (...)

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”) (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

CCI Penalizes 13 manufacturers of CN containers for cartelization* CCI by its order dated June 10, 2015 imposed penalty at 3% of their annual turnover for preceding three years against thirteen manufacturers/suppliers of CN Containers (containers with disc required for manufacture of 81 mm (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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) (...)

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 (...)

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 (...)

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 (...)

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 (...)

CCI empowered to levy interest on non-payment of monetary penalty* In exercise of the powers conferred by Section 64 of the Act, CCI by way of a notification dated June 25, 2014, has amended the Competition Commission of India (Manner of Recovery of Monetary Penalty) Regulations, 2011. (...)

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 (...)

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 (...)

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, (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

Long awaited merger control provisions notified by Government* CCI publishes fresh draft regulations CCI on March 1, 2011 has published the new draft merger regulations titled “Competition Commission of India (Procedure in regard to the transaction of business relating to combination) (...)

An overview of the Competition Act, 2002* In the wake of economic liberalization and widespread economic reforms introduced by India since 1991 and in its attempt to march from a “command – and - control” regime to a regime based on free market principles, India decided to replace its then (...)