[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...
Gauging the Scheme of Predatory Pricing: The Case of Shopee Pvt. Ltd.
[Shubham Gandhi and Tanish Gupta are IV year and III year students respectively at National Law University, Jabalpur] The Competition Commission of India (‘CCI’) in the recent case of In Re: Vaibhav Mishra v. Sppin India Pvt. Ltd.(‘Shopee case’), has dismissed the allegation regarding the exercise of predatory pricing carried out by ‘Shopee’, an online marketplace. The CCI, while dismissing the...
Asymmetric Substitution vis-a-vis Relevant Market: A Conundrum Unresolved
[Yatin Gaur is a 3rd year B.A. L.L.B (Hons.) student and Priyal Jain a 4th year B.A. L.L.B (Hons.) student, both at Hidayatullah National Law University, Raipur] The concept of ‘relevant market’ is one of the most essential analytical tools employed by the Competition Commission of India (CCI) to analyse competition law concerns. However, defining a term in the statute is just a small step...
A Progressive Stance of the CCI in Ascertaining ‘Enterprise’
[Ashutosh Rajput and Anand Singh are 3rd year B.A.,L.L.B. (Hons.) student at Hidayatullah National University, Raipur] The Competition Commission of India (CCI) in CJ Darcel Logistics Ltd. v. Dumper and Dumper Truck Union Lime Stone (7 February 2022) has issued a cease-and-desist order against the Dumper and Dumper Truck Union Lime Stone (DDTU) for contravening sections 3(3)(a) and 3(3)(b) read...
CCI Investigations and Bharti Airtel: Interpretations Galore
[Shreyas Sinha and Krishanu Paul are second-year B.A., LL.B. (Hons.) students at the National Law School of India University (NLSIU), Bengaluru] On 14 February 2020, a single judge of the Karnataka High Court stayed an order of the Competition Commission of India (‘CCI’) that had directed an investigation by the Director-General under section 26(1) of the Competition Act, 2002 (‘the Act’), into...
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...
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