TagCompetition Act

CCI on WhatsApp Privacy Policy: Some Inspirations, Some Questions

[Raghav Harini N is a final year B.A.LL.B. (Hons) student at ILS Law College, Pune] The Competition Commission of India (CCI), in a recent order, has caused the Director General (DG) to investigate the controversial privacy policy and terms of service of WhatsApp (the policy). It has concluded that the policy prima facie violates section 4 of the Competition Act 2002 (the Act). This decision...

CCI on Interim Measures in Digital Markets

[Mohini Parghi is a IV Year B.A. LLB (Hons.) student at NALSAR University of Law, Hyderabad] The Competition Commission of India passed an interim order on 9 March 2021 in the ongoing case involving a complaint against MakeMyTrip, Go-Ibibo and Oyo alleging anticompetitive practices under sections 3 and 4 of the Competition Act, 2002. The case is expected to be instrumental in shaping the...

Dealing with Competition Issues in the Indian Informal Sector

[Manohar Samal is a Master of Laws student at the National Institute of Securities Markets, Mumbai] Competition law has played a vital role in enhancing healthy competition in Indian markets and has also boosted innovation and economic development. The Competition Act, 2002 is the principal legislation which prevents activities that have adverse effects on competition in the Indian market. Even...

CCI vs. SEBI: Overlapping Jurisdiction of CCI and a Sectoral Regulator

[Neha Sinha is a 4th year B.A. LL.B. student at National University of Study and Research in Law, Ranchi] The Competition Commission of India (‘CCI’) monitors markets of all nature to identify any anti-competitive practice by persons or enterprises leading to appreciable adverse effect on competition. This means that the CCI’s powers also traverse sectors governed by special laws and regulated by...

Analysis of CCI’s Market Study on the Indian Telecom Sector

[Bhavisha Sharma and Gayathri Pillai are IV year BA.LLB. (Hons.) students at NALSAR University of Law, Hyderabad] On 22 January 2021, the Competition Commission of India (“CCI”) released a Market Study on the Telecom Sector in India (“Report”) which summarises the recent trends witnessed in the telecom sector (“Sector”). This post summarises the key competition issues identified and...

Self-Assessment of Non-Compete Clauses: The New Normal

[Pranshu Gupta and Roopam Dadhich are 4th year B.A.LL.B. (Hons.) students at NALSAR University of Law, Hyderabad] On 26 November 2020, the Competition Commission of India (‘CCI’) introduced an amendment to the CCI (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 (‘Combination Regulations’), through which para 5.7 of Form I has been deleted making it...

Supreme Court Affirms Expansive Locus Standi under Competition Law

The Supreme Court in Samir Agrawal v. Competition Commission of India (decided 15 December 2020) was concerned with some basic but important questions of law. Can a member of the public file information with the Competition Commission of India (CCI) alleging a violation of the provisions of the Competition Act, 2002 and thereby triggering an investigation by the regulatory authority? If aggrieved...

CCI’s Decision to Eliminate Non-Compete Restrictions in Combinations

[Vishal Rajvansh is a third year student at National University of Studies and Research in Law, Ranchi] The Competition Commission of India (“CCI”) has released a press note dated 15 May 2020 seeking public comments regarding the examination of non-compete restrictions under the regulation of combinations. Notably, the CCI had earlier mandated the parties to a combination to furnish information...

Identical Bids as Evidence of Bid Rigging: Reconciling Excel Crop Care and Rajasthan Cylinders

[Soumil Jhanwar is a 4th year B.A. LL.B. (Hons.) student at the National Law School of India University, Bengaluru] To establish bid rigging under section 3(3)(d) of the Competition Act, 2002 one must prove that the bidders had entered into an “agreement”, which has the effect of manipulation of bids. As per section 2(b) of the Act, an agreement need not be formal or written, and can be in the...

Platform Neutrality by E-Commerce Platforms: A Competition Law Requirement?

In January 2020, the Competition Commission of India (CCI) released a Market Study on E-Commerce. The Study focused on competition aspects pertaining to e-commerce marketplaces and platforms. It identified five issues in this respect: (i) platform neutrality; (ii) platform-to-business contract terms; (iii) platform price parity clauses; (iv) exclusive agreements; and (v) deep discounting. These...

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