Sakshi Agarwal is a enior associate (Competition Law) at Trilegal based in Mumbai. She represents clients on a full range of competition law matters, including anti-competitive agreements, cartels, abuse of dominance and merger control notifications. She regularly represents clients across all fora, i.e., the CCI, DG, NCLAT (previously before the Competition Appellate Tribunal), High Courts and the Supreme Court of India.
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The Competition Commission of India (CCI) dismissed allegations of cartelization against 19 importers of phenol, on account of absence of conclusive evidence to establish collusion. The CCI held that mere price parallelism does not amount to cartelisation and closed the case. Significantly, the (...)
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The Competition Commission of India (CCI) recently found National Engineering Industries Ltd. (NEI), Schaeffler India Ltd. (Schaeffler), SKF India Ltd. (SKF) and Tata Steel Ltd., Bearing Division (Tata) (collectively, OPs) to have collusively fixed the prices of automotive and industrial (...)
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The growth of e-commerce and online marketplaces has had a significant impact on businesses and consumer behaviour. Competition authorities worldwide are increasingly focused on assessing competition concerns on online platforms, including United Kingdom (UK), Australia, the European Commission (...)
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Introduction The Federation of Hotel & Restaurant Associations of India (Informant), an association of hotels and restaurants in India, filed an Information with the Competition Commission of India (CCI) against MakeMyTrip India Pvt. Ltd. (MMT), Ibibo Group Private Limited (GoIbibo), (...)
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The Competition Commission of India (CCI) recently found that SAAR IT Resources Private Limited (OP 1), CADD Systems and Services Private Limited (OP 2) and Pentacle Consultants (I) Private Limited (OP 3), collusively manipulated the process of bidding, by rigging the bids for the tender (...)
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The Hon’ble High Court of Delhi (Delhi HC) recently held that orders passed and proceedings held by the Competition Commission of India (CCI) in the absence of a judicial Member cannot be invalidated. This decision of the Delhi HC abundantly clarifies that orders passed by the CCI in competition (...)
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The evolution and journey of competition law jurisprudence in India has been extremely dynamic and exciting. The Competition Act, 2002 was implemented in a phased manner and the Hon’ble Supreme Court of India over the last decade has laid down landmark judgements across a wide spectrum of (...)
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Cartels have been at the forefront of the Competition Commission of India’s (CCI) enforcement regime. This article assesses the elements of bid rigging cartels, constituents that create a case for bid rigging, the CCI’s approach in India based on the standard of proof adopted and evidentiary (...)
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Gun Jumping in Merger Control: A Jurisdictional Guide
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