TagCompetition Law

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...

Trade Associations and Pharmaceutical Industry: A Competition Conundrum

[Yashvardhan Singh is a 2nd year student and Palash Moolchandani a 3rd year student, both at the National Law University Odisha] Trade Associations are business platforms where players of a particular industry meet to discuss common concerns and to take collective decisions about certain practices in that industry. The role of trade associations in any industry and the economy cannot be disputed...

CCI’s Evolution in Relation to the Smartphone Market

[Sumit Jain is at the Centre for Competition Law and Economics (CCLE)] Through its order dated 16 April 2019 in Umar Javed v. Google LLC, the Competition Commission of India initiated a probe against Google Inc. for its potential abuse of dominant position on the Android platform. The order remains curious from multiple standpoints. First, it was not made public until as late as 18 June 2019...

Competition Commission on Regulating Distribution of Pharmaceutical Products

[Anupriya Dhonchak is a IV year student at the National Law University, Delhi] The pharmaceutical sector merits close competition scrutiny because the practices by multiple market players in the sector play a crucial role in determining sustainable access to affordable medicines. The nexus among manufacturers, wholesalers and retailers gives rise to unique competition concerns due to the...

Competition Law Issues in the Indian Telecom Sector: Analysis of Recent Developments

[Varun Kannan is a 5th year law student at the National University of Juridical Sciences, Kolkata] The telecom sector in India has witnessed intense competition over the past decade. The arrival of Reliance Jio and the Vodafone-Idea merger reinforce the steep competition that exists in this sector – which forces the market players to continuously enhance their performance and gain an edge over...

Competition Commission of India: Emerging Appellate Body for the Sectoral Regulators

[Bhaskar Simha L. N. and Sumit Jain are currently working with the Centre for Competition Law and Economics (CCLE)] The Competition Commission of India (CCI) was established by the Competition Act, 2002 to promote and sustain competition in the Indian market. The said piece of legislation drew no distinction for sectoral regulators and allowed the CCI to look into every domain, barring sovereign...

Anti-trust and E-commerce: Impact of the 2018 FDI Policy Review

[Anand Nandakumar is a final year BA LLB (Hons.) student at the National University of Advanced Legal Studies, Kochi] On May 31 2019, the US President signed the Presidential Proclamation that would terminate India from the list of beneficiary developing countries to the US Generalized System of Preferences (GSP).  The Proclamation states that the termination was a result of India’s failure to...

Clipping the Powers of the CCI: Reflections from the Bharti Airtel Case

[Vrinda Aggarwal and Advik Rijul Jha are Fourth Year Law Students (BA-LLB) at Jindal Global Law School, Sonipat, Haryana] On 5 December 2018, the Supreme Court held that when there is a conflict between the jurisdiction of the Competition Commission of India (CCI) and the Telecom Regulatory Authority of India (TRAI), the latter is to prevail. Under section 18 of the Competition Act, 2002, the CCI...

The Need to Revisit Merger Control Thresholds in a Data Driven Economy

[Priyadarsini T P is a 4th year B.A LL.B (Hons) student at the National University of Advanced Legal Studies, Kochi] Implications of data on competition are manifold. One of the ways in which these manifest is when a horizontal merger takes place between two undertakings in a market where data are the input for delivery of a certain service. The adverse effects may be more serious when the market...

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