TagCompetition Law

Review of Indian Competition Law – Pointers

The Government of India has appointed a committee to review the Competition Act, 2002 to review the law and come up with recommendations to strengthen and re-calibrate the law.  The Committee is expected to finish its work within three months of its first meeting. I wrote a column in the Business Standard  earlier this week pointing out a few areas of low-hanging fruit that need attention. ...

Blockchain and Competition Law: New Technology, Old Challenges

[Swasti Gupta is a Research Associate at CUTS International, Jaipur] Overview The rapid emergence of “blockchain” in recent years has caused ripples in the global digital economy and has gripped the world’s attention. For those in search of a non-technical explanation, a blockchain is a decentralized, distributed ledger for transactions executed amongst the participants. It enables real-time...

Pricing Algorithms: How Should India Deal With It?

[Anik Bhaduri is a second-year B.A., LL.B (Hons.) student at NALSAR University of Law, Hyderabad] The rapid development of the digital world often presents issues which could not have been contemplated before, thus presenting new challenges to the existing legal framework, which has to modify itself to deal with the new problems. The development of pricing algorithms presents one such issue. As...

The Quandary of Market Delineation under Section 3 of the Competition Act

[Ahkam Khan & Divyansh Prasad are 3rd Year BA LLB (Hons.) students at Dr Ram Manohar Lohiya National Law University, Lucknow] Antitrust laws aim at protecting and sustaining competition by preventing practices having appreciable adverse effects on competition (or AAEC). This competition necessarily exists in closed economic models or marketplaces. For the purposes of gauging whether a...

Resale Price Maintenance in the Online Retailing Era: Exploring an Alternative

[Divyansh Prasad is a 3rd Year BA LLB (Hons.) student from Dr Ram Manohar Lohiya National Law University, Lucknow] Section 3 of the Competition Act, 2002 proscribes any horizontal or vertical agreements that may have appreciable adverse effects on competition. Section 3(4)(e) specifically prohibits agreements between two or more enterprises operating at different levels of production which...

Settlements in Antitrust in India: The Right Road Ahead?

[Yash Bajpai is a 5th year B.B.A., LL.B. (Hons.) student at Symbiosis Law School in Hyderabad] Introduction The concept of settlements is not something new to the global anti-trust regime. It is a regulatory mechanism used worldwide for disposing off anti-trust matters; however, this still seems to be a far fetched dream in the Indian competition regime. Several jurisdictions across the world...

Merger of Public Sector Banks and Competition Concerns

[Kruthika Venkatesh is a 4th year B.B.A., LL.B. (Hons.) student at School of Law, Christ (Deemed-to-be) University in Bangalore] Background The media has reported that the Government of India is all set to ask the Reserve Bank of India (“RBI”) to prepare a list of candidates for merger among the 21 government controlled lenders with the primary agenda of overcoming bad debts. It all began two...

Ultratech Cements: Understanding Trends in the Economics of Market Power

[Lianne Lucia D’Souza is a 4thyear B.A. LL.B. student at School of Law, Christ (Deemed to be University, Bengaluru] Introduction Since the enforcement of merger control provisions in the Competition Act, 2002, the Competition Commission of India (“CCI”) has played an active role by assessing over 500 combinations in a short span of seven years. All transactions meeting the jurisdictional...

Charter Hire Agreements: Abuse of Dominance in a Monopsonist Procurer Market

[B.V.S. Aditya Santosh is a 4thYear BBA.L.L.B. (Hons.) Student at ICFAI Law School, Dehradun] In Indian National Shipowners’ Association Vs. Oil and Natural Gas Corporation Limited (order dated 12 June 2018), the Competition Commission of India (CCI) dealt with abuse of dominant position of an enterprise in a monopsonist procurer market (buyer’s monopoly)  by virtue of unfair charter...

The Walmart-Flipkart Deal: A New Era For The Indian E-Commerce Industry

[Hitakshi Mahendru is a 5th Year Law Student at Symbiosis Law School, Pune] Introduction In its order dated 8 August 2018, the Competition Commission of India (CCI) approved the 77% acquisition of outstanding shares of Flipkart Private Limited (Flipkart) by Walmart International Holdings Inc (Walmart) and stated that it is not likely to have an appreciable adverse effect on competition in India...

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