TagCompetition Act

Section 26(1) of the Competition Act: Chance for Optimum Utilization of the Resources

[Sumit Jain is at the Centre for Competition Law and Economics (CCLE)] Section 26(1) of the Competition Act, 2002 allows the Competition Commission of India (CCI) to order an investigation (Director General’s (DG’s) investigation) in case of ‘prima facie’ violations of the Act. The said investigation is under no circumstance bound to influence the final decision of the CCI, and is only ordered to...

CCI on Whether Inefficiency or Delay in Service Amount to a Violation under the Competition Act

[Anirban Chanda is a 4th year B.A., LL.B. (Hons.) student and Anujay Shrivastava a 5th Year B.A., LL.B. (Hons.) student, both at the Jindal Global Law School] In its recent decision in National Consumers Co-operative Federation of India v. New Town Electric Supply Company Ltd. and West Bengal State Electricity Distribution Ltd. (NCCFI), the Competition Commission of India (CCI) has declared that...

Green Channel in Combination Regulations: Legislative Concerns

[Basu Chandola is a Research Assistant at the Jindal Initiative on Research in IP and Competition (JIRICO)] The Competition Law Review Committee, which was established in 2018 to ensure that competition law is strengthened and re-calibrated to promote best practices, submitted its report in July this year. The Committee has recommended the introduction of a “green channel” mechanism to deal with...

Specially Defined Relevant Markets: A Case for Reconsideration

[Kavya Lalchandani is a 3rd year Student at National Law University Odisha] Abuse of dominant position is defined under section 4 of the Competition Act, 2002 as the ability of an enterprise to behave independently of the competitive forces in the market and affect the consumers in its favour. It is a position of strength that is enjoyed by a particular enterprise in the relevant market. Being a...

Section 6(2a) of the Competition Act: The Invalidity Cloak

[Siddarth P. Chokkalingam is a 4th year student of the National Law School of India University, Bangalore] Section 6(2A) of the Competition Act, 2002 has been interpreted by the Competition Commission of India as well as the Supreme Court to impose standstill obligations on the parties, refraining them from consummating any combination, until the expiry of the 210 days mentioned therein or until...

Supreme Court on Jurisdictional Conflicts between the CCI and TRAI

[Rajvansh Singh is a 3rd year student at National Law University Odisha]  Conflict in Jurisdiction The preamble of the Competition Act, 2002 read with section 18 of the legislation delegates to the Competition Commission of India (the “CCI”) the duty of “promoting and sustaining competition” in the Indian economy. This implies that the CCI will have principal jurisdiction to regulate conditions...

Non-Dominant Enterprises’ Offers and Schemes: Predatory Pricing or Not?

[Muskan Agarwal is a 3rd-year B.A. LL.B. (Hons.) student of National Law Institute University, Bhopal] The Competition Act of 2002 [the “Act”] defines predatory pricing as the sale of goods or provision of services at a price which is below the cost of production, with a view to reduce competition or eliminate competitors. Predatory pricing is seen as abuse of dominant position under section 4 of...

The Common Ownerships Conundrum

[Parag Srivastava and Poonam Pal Sharma are members of the law firm Nishith Desai Associates. The views represented in this post are strictly personal and do not represent the views of the firm] The insidious yet hitherto unspoken subject of horizontal shareholders has been in recent limelight due to its mention in the order by the Competition Commission of India (“CCI”) in its Ola Meru Cabs Case...

Review of Indian Competition Law – Pointers

The Government of India has appointed a committee to review the Competition Act, 2002 to review the law and come up with recommendations to strengthen and re-calibrate the law.  The Committee is expected to finish its work within three months of its first meeting. I wrote a column in the Business Standard  earlier this week pointing out a few areas of low-hanging fruit that need attention. ...

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