TagCompetition Act

Algorithmic Collusion: Can the Competition Act Protect against Self-Learning Algorithms?

[Digvijay R. Singh is a 4th year BA LLB (Hons.) student at National Law School of India University, Bangalore] An algorithm is an application of reasoning by artificial intelligence (“AI”) for the finding of a probable solution to a problem. Algorithms are relied upon for the cost and efficiency benefits attributed to them. In the present day, algorithms contribute to an enterprise in multiple...

Oligopoly, Competition, Cartels and Beyond: Establishing the Need for ‘Collective Dominance’

[Swetha Somu is a 2nd year B.B.A. L.L.B (Hons.) student at Gujarat National Law University in Gandhinagar] ‘Collective dominance’ in competition law points to a scenario where two or more independent undertakings, possibly through established economic links, hold a dominant position in the market together while still being independent of each other. This concept was first recognized in the...

CCI’s Penalty on Amazon: A Necessary Intervention

[Saikishan B Rathore is a 4th year BSW LLB (Business Corporate and Financial Law Hons.) student at Gujarat National Law University, Gandhinagar] In a first of its kind, the Competition Commission of India (CCI) on 17 December 2021 found Amazon NV Investment Holdings LLC (Amazon) guilty of contravening sections 43-A, 44 and 45 of the Competition Act, 2002 (Act). By way of its order dated 17...

The Need for a “Right to Repair” in India

[Ganesh BL is an Associate at a law firm in Mumbai and Muskaan Ahuja is an Associate at a law firm in Delhi] The notion of the ‘right to repair’ is simple and effective: an individual purchasing a product must own it completely. Apart from being able to use the product in any way they wish to, consumers must also have the right to modify or repair the product whenever, however, and in whichever...

CCI’s Opaque Penalty Regime: Need for Perspicuous Penalty Guidelines?

[Naman Katyal is a 4th-year B.A., LL.B. (Hons.) student at Gujarat National Law University, Gandhinagar] Since its inception, the Competition Commission of India (‘CCI’) has faced criticism for not supporting its calculations of quantum of penalty with suitable justifications and, therefore, levying arbitrary penalties in a number of judgements by courts and tribunals alike. In fact, section...

The Beer Cartel Case: A Way Forward for the CCI

[Prashant Kumar is a 4th-year student of Faculty of Law, Jamia Millia Islamia, New Delhi] In an order dated September 24, 2021, the Competition Commission of India found United Breweries Limited (UBL), Carlsberg India Private Limited, SABMiller India Limited, and All India Brewers’ Association (AIBA), along with their respective key personnel (collectively, the Opposite Parties) guilty of...

Arbitrability of Antitrust Disputes

[Avnish Prakash and Sakshi Jha are 4th year B.A., LL.B. (Hons.) students at Hidayatullah National Law University, Raipur] Arbitration is a private and consensual mode of dispute settlement which has gained immense importance in the contemporary commercial era. Fundamentally, disputes before arbitration must be of private nature, as it is not considered appropriate if disputes with public...

CCI’s Rigid Approach in Holding Discount Control Policy Anti-Competitive

[Yagya Sharma is a 5th year BA LLB student at Institute of Law, Nirma University] On 23 August 2021, the Competition Commission of India (CCI) in In Re: Alleged anti-competitive conduct by Maruti Suzuki India Limited in implementing discount control policy vis-à-vis dealers has imposed a penalty of ₹200 crores and passed a cease-and-desist order against Maruti Suzuki India Limited (MSIL). The...

Competition Concerns in the Cab Aggregators’ Market

[Lavanya Gupta and Shreya Mukherjee are final year students at Symbiosis Law School, Pune] Five years after the initiation of the case, the Competition Commission of India (“CCI”) recently rendered its decision on Uber’s alleged dominance in Meru Travel Solutions Pvt. Ltd. v. Uber India Systems Pvt. Ltd. In its case against Uber, Meru alleged that Uber was misusing its dominant market position to...

Confidentiality Rings under Competition Law: Need for Ironing out Wrinkles

[Amritesh Anand and Krishnanunni U are penultimate year students at Nalsar University of Law, Hyderabad] Antitrust investigations, by their very nature, involve extensive access to commercially sensitive information of entities being investigated, some of which is inherently ‘confidential’. Hence, it becomes imperative for competition authorities to institute sufficient checks and balances in...

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