TagCompetition Law

Analysis of a Competition Commission Order on Abuse of Dominant Position

[Apurva Singh is a third year student at the National Law School of India University, Bangalore] In this post, I claim that the Competition Commission of India’s (“CCI’s)order in Bijay Poddar v. Coal India Ltd. (2017) is (1) violative of the Competition Act, 2002 (the “Act”) and (2) inefficient as per principles of law and economics. I shall first detail the facts and order of the CCI and then...

Resolving the Anti-Trust Concerns Raised by Insolvency Resolution Plans

[Priyadarsini T P is a 3rd year B.A LL.B (Hons) student at National University of Advanced Legal Studies, Kochi] Recently, Vedanta and JSW Steel received approval from the Competition Commission of India (“CCI”) for acquiring the insolvent entities Electrosteel Steels Ltd. and Monnet Ispat and Energy respectively. Although section 238 of Insolvency and Bankruptcy Code, 2016 contains a non...

Fallacy of the Inverse: CCI’s Application of Leniency Provisions

[Mrinali Komandur is a third year student at the National Law School of India University, Bangalore and is an editor of the National Law School Business Law Review] On April 19, 2018, the Competition Commission of India (“CCI”) granted, for the first time since the inception of the leniency provisions, a 100% reduction in penalty to Panasonic India in the Zinc-carbon dry cell manufacturers...

Tying vs Bundling Arrangements: An Attempt at Resolving the Lacuna in Indian Law

[Karan Trehan and Prakhar Bhatnagar are II year B.A. LL.B. (Hons.) students at the NALSAR University of Law, Hyderabad] Various types of conditional arrangements exist in the commercial markets. They are conditional in that their conclusion is made subject to acceptance by other parties of additional obligations which, by their “nature or according to commercial usage”, may or may not have...

CCI Order on the Scope of Section 3(3) and Confidentiality under Leniency Regulations: A Critique

[Amitav Singh is a lawyer based in Lucknow and a graduate of NUALS Kochi] Recently, the Competition Commission of India (CCI) passed an order in Nagrik Chetna Manch v Fortified Securities Solutions & Ors. wherein it found six out of seven parties before it guilty of bid rigging under section 3(3)(d) of the Competition Act, 2001 (the Act) and imposed a total fine of nearly Rs. 3.5 crore. In...

Resale Price Maintenance in the High Technology Market: A Competition Law Perspective

[Mudit Nigam is a 4th Year Student of National Law Institute University, Bhopal] The increased demand for products such as smart phones, ultra-HD televisions, LED lights, high-end laptops and computers, has promoted technological innovation and market growth, leading to the prominence of the high technology market in India. The country is emerging as a global digital lab with more than 20,000...

Resolving the Ambiguity between Recommended and Fixed Resale Prices: A Comparative Approach

[Prakhar Bhatnagar and Karan Trehan are II year B.A. LL.B. (Hons.) students at the NALSAR University of Law, Hyderabad] Definition Resale Price Maintenance (“RPM’) is a form of price-fixing agreement whereby a producer specifies the maximum, minimum or the exact price at which a retailer must re-sell its products to the consumers. It is a vertical restraint as it operates between the players...

CCI’s Order Against Cartel Activities of Airline Companies

[Ayushi Singh is a B.A. LL.B. (Hons.) student at National Law University, Jodhpur] Last month, the Competition Commission of India (“CCI”) passed an order in the matter of Express Industry Council of India vs. Jet Airways (India) Ltd. and Others upholding charges against Jet Airways, SpiceJet and IndiGo Airlines for cartelisation under the provisions of section 3(3)(a) read with section 3(1) of...

Rationalisation of Competition Appeals: A Way Forward?

[Abhimanyu Singh Yadav and Anubha Singhal are 3rd year BA LLB (Hons) students at Dr. Ram Manohar Lohiya National Law University, Lucknow] The purpose of a Finance Act has generally been to lay down the tax proposals framed by the Central Government. However, apart from laying down tax proposals, the Finance Act 2017 brought about some noticeable structural changes in the functioning of appellate...

CCI and DG’s powers under the Competition Act and the Principles of Natural Justice

[Kunal Kumar is a 4th year B.A., LL.B.(Hons.) student at NLU Jodhpur)] Introduction In Central Bank of India v. Shri Prakash Chand Jain (1969), the Supreme Court held that a fact which is sought to be proved must be supported by statements made in the presence of the person against whom enquiry is held and the statement made behind the back of the person charged are not to be treated as...

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