Manila Brar is a Partner at Shardul Amarchand Mangaldas & Co in New Delhi. She joined the firm in 2015. She holds an LLM from University of Pennsylvania Law School.
130
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 (...)
327
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 (...)
49
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), (...)
47
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 (...)
37
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 (...)
33
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 (...)
585
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 (...)
519
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, (...)
431
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 (...)
329
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 (...)
249
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 (...)
214
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, (...)
79
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 (...)
142
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 (...)
111
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 (...)
125
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 (...)
83
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 (...)
62
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 (...)
108
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 (...)
15
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 (...)
517
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 (...)
532
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 (...)
188
On 10 May 2017, the Supreme Court of India published its judgment dated 8 May 2017 in Excel Crop Care Ltd. v. Competition Commission of India & Anr . This judgment deals with important issues on the applicability of the Competition Act, 2002 (Competition Act) to conduct prior to its coming (...)
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