[Srishti Multani, Amritanshu Pushkar, and Aryan Birewar are 4th Year BBA LLB (Hons.) students at Symbiosis Law School, Pune] On March 6, 2024, the Competition Commission of India (‘CCI’) notified the CCI (Determination of Monetary Penalty) Guidelines, 2024 (‘Guidelines’) to help the CCI determine the penalty to be imposed for infractions of the Competition Act, 2002 (‘Act’). They provided the...
Cartel Crackdown: India’s Leniency Program Odyssey
[Choudhury Paramjit Misra and Lavanya Bhargava are third year students at National Law University, Odisha] In India, competition regulations aim to protect consumers and ensure market freedom. They prevent monopolies, promote fair competition, and at the same time, safeguard consumer rights and contribute to economic welfare. This competition regime prevents anti-competitive agreements under...
Reining in Big-Tech Ex-Ante : The Indian Edition
[Manjushree RM (Senior Resident Fellow), Meha Chandra (Project Fellow), Anuradha Bhattacharya (Project Fellow), Vallari Dronamraju (Research Fellow) and Urvi Pathak (Research Fellow) are with Vidhi Centre for Legal Policy, and were engaged by the Ministry of Corporate Affairs in preparing the CDCL Report] On 12 March 2024, the Committee on Digital Competition Law (‘CDCL/ Committee’) presented its...
Settling the Jurisdictional Conundrum: Navigating the App Developers v. Google Judgement
[Sanjana Rebecca Samuel is a 4th year B.A., LL.B. (Hons.) student at Symbiosis Law School, Pune] On 19 January 2024, the Madras High Court dismissed the suit filed by several app developers against Google. The developers asserted that Google’s policies within the Play Store contravened stipulations and directives outlined in the Payment and Settlement Systems Act, 2007 (“PSS Act”). Additionally...
Algorithmic Anti-Discounting in F.T.C. v. Amazon: Neo-Brandeisian Lessons for Competition Law
[Chytanya S Agarwal is a 3rd-Year B.A., LL.B. (Hons.) student at the National Law School of India University, Bangalore] Recently, the American Federal Trade Commission (‘FTC’) sued Amazon alleging that its practices unlawfully maintained its monopoly. The complaint was based on two main grounds – first, the algorithmic processes used by Amazon to curate its search results penalise the retailers...
Tussle for Jurisdiction: CCI vs. The Controller General of Patents
[Jishnudeep Kolay and Saumya Bapna are second-year B.A. LL.B (Hons.) students at the National Law School of India University, Bengaluru] In July 2023, the Delhi High Court in Telefonaktiebolaget LM Ericsson v. Competition Commission of India (‘Ericsson II’) ruled that in an issue of abuse of dominance by a patentee in the exercise of their rights under the patent, the Patents Act, 1970 will...
ITC-J&J Deal: Unravelling the Complexities of NCLAT’s Decision in the Merger Control Regime
[Aryan Birewar, Rishabh Guha, and Dhanshitha Ravi are 4th Year BBA LLB (Hons.) students at Symbiosis Law School, Pune] On 27 April 2023, the National Company Law Appellate Tribunal (“NCLAT”) passed an Order (“the Order”) favouring ITC Pvt. Ltd., reversing the penalty that was levied on it by the Competition Commission of India (“CCI”) for not notifying a combination under section 43A of the...
CCI’s Inconsistent Stance on Acquisition of Optionally Convertible Securities: Reconciling Control and Competition
[Arham Anwar and Ruby Agrawal are 4th year and 2nd year students of NLU Jodhpur and RGNUL Patiala] The scheme of arrangements contemplated under the Companies Act, 2013 generally requires the approval of the Competition Commission of India (hereinafter, “CCI”) in relation to asset size and turnover of the enterprise. This essentially underlines high level of dependability the company has on the...
Taking away the Attorney-Client Privilege: Competition Amendment Bill, 2022
[Shubham Gandhi is a 5th year student at NLU, Jabalpur and Hricha Gandhi is an Advocate at Rajasthan High Court] The concept of Attorney-Client privilege (“ACP’’) has become one of the quintessential principles across all global jurisdictions. It simply enunciates that the communication made by the client to its attorney during the course of employment or any document shared will be inadmissible...
Proposed Merger Control Amendments: Questions and Potential Consequences
[Avinash Kotval and Ishaan Saraswat are penultimate year students at Jindal Global Law School, Sonipat] The Government of India, through the Competition (Amendment) Bill, 2022 (“2022 Bill”), proposed to bring about multiple changes to Indian competition law. One of the most pertinent changes is the introduction of a new thresholdfor the notification of any combination to the Competition...
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