TagCompetition Law

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...

Who Does India’s Draft Enabling Framework for Regulatory Sandbox actually Enable?

[Anupriya Dhonchak is a student at the National Law University New Delhi A longer version of this post is available on the Kluwer Competition Law Blog] One of the salient recommendations of the Reserve Bank of India (RBI) Working Group’s Report on FinTech and Digital Banking was the introduction of a regulatory sandbox in India. A regulatory sandbox is an innovative tool which allows market...

Specially Defined Relevant Markets: A Case for Reconsideration

[Kavya Lalchandani is a 3rd year Student at National Law University Odisha] Abuse of dominant position is defined under section 4 of the Competition Act, 2002 as the ability of an enterprise to behave independently of the competitive forces in the market and affect the consumers in its favour. It is a position of strength that is enjoyed by a particular enterprise in the relevant market. Being a...

Objective Justification in Abuse of Dominance Cases in India

[Basu Chandola is a BBA LLB graduate (batch of 2018) from the National Law University Odisha. The concept of objective justification provides that a dominant enterprise will not be abusing its dominant position if it can provide a justification for its conduct. Though the concept is well-accepted in the European Union, its position in Indian competition law is ambiguous. This post seeks to...

Call for Papers: ‘Revamping Competition Law in India’

[Announcement on behalf of the Centre for Competition Law and Policy, NUALS Kochi] The Centre for Competition Law and Policy (CCLP) is a Research Centre, being part of the National University of Advanced Legal Studies, Kochi (NUALS Kochi). The primary vision of the Centre is to encourage study and research in competition law and policy. It also focuses on disseminating ideas and promoting...

CCI’s Order in the Snapdeal – KAFF Case

[Gokul Plaha is a fifth year year B.A., LL.B. (Hons.) student at the National Law University, Delhi] By way of an order dated 15 January 2019 passed under section 26(6) of the Competition Act, 2002 (the Act) in Jasper lnfotech Private Limited (Snapdeal) and KAFF Appliances (India) Pvt. Ltd. (KAFF) (15 January 2019), the Competition Commission of India (CCI) clarified that section 3(4)(e) of the...

CCI Order on Price Fixing: Collusion in Cab Aggregation Models?

[Kaustub N. S. Bhati and Prankul Boobana are 3rd Year B.A. LL.B. (Hons) students at NALSAR University of Law, Hyderabad] The Competition Commission of India (CCI) passed an order on  6 November 2018 dismissing the allegation that Ola and Uber (Cab Aggregators), through their algorithmic pricing mechanisms, are indulging in price fixation in accordance with section 3(3)(a) of the Competition Act...

Non-Dominant Enterprises’ Offers and Schemes: Predatory Pricing or Not?

[Muskan Agarwal is a 3rd-year B.A. LL.B. (Hons.) student of National Law Institute University, Bhopal] The Competition Act of 2002 [the “Act”] defines predatory pricing as the sale of goods or provision of services at a price which is below the cost of production, with a view to reduce competition or eliminate competitors. Predatory pricing is seen as abuse of dominant position under section 4 of...

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