TagCompetition Act

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...

Analysing CCI’s Order Directing Investigation against BookMyShow

[Tarusi Jain is a third year student at O.P Jindal Global Law School, Sonipat] On 16 June 2022, the Competition Commission of India (‘CCI’) passed an order against Big Tree Entertainment Private Limited (‘BookMyShow’) and directed the Director General (‘DG’) to investigate the allegations of abuse of dominance by BookMyShow in the market for online intermediation services for booking of movie...

Hostile Takeover Cannot be a Defence to CCI Notification Requirements

[Mohsin Rahim is a 5th Year B.B.A. L.L.B. (Hons.) Student at Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana] On May 17, 2022, the Competition Commission of India (“CCI”) passed an order imposing a penalty of INR 1 crore on Veolia Environment S.A. under section 43A of the Competition Act 2002 (“Act”) for violating section 6(2) and section 6(2A) of the Act, as Veolia...

CCI Treats Non-Commercial Economic Entity as “Enterprise”

[Saloni Neema is a 3rd Year law student at Damodaram Sanjivayya National Law University Visakhapatnam] On June 3, 2022, the Competition Commission of India (“CCI”) passed a cease-and-desist order against the Amateur Baseball Federation of India (“ABFI”) for violating sections (4)(2)(a)(i), 4(2)(b)(i), and 4(2)(c) of the Competition Act, 2022 (“Act”). This post aims to critically analyze this...

The Promise of Private Enforcement of Competition Law in India

[Nimit Rajesh Goyal is a penultimate year student at the National Law University, Delhi. The author thanks Distinguished Prof. (Dr.) M.S. Sahoo and Prof. (Dr.) Ritu Gupta at the National Law University, Delhi for their insight and guidance] Private enforcement of competition law may be defined as enforcement by means of legal action brought about by victims of anti-competitive conduct before a...

Top Posts & Pages

Topics

Recent Comments

Archives

web analytics

Social Media