TagCompetition Law

Market Dominance: The Inadequacy of Section 4 of the Competition Act, 2002

[Gokul Plaha is a 4th year B.A., LL.B. (Hons.) student at the National Law University, Delhi] Introduction Section 4 of the Competition Act, 2002 prohibits the abuse of a “dominant position” in the market but does not penalise “dominance” per se. This means that any firm or enterprise is well within its right to acquire a dominating  position in the market, even by way of indulging in anti...

Application of the Single Economic Entity Doctrine to Anticompetitive Agreements

[Oorvi Mehta is a III Year student of B.A. LL.B. (Hons.) at the NALSAR University of Law, Hyderabad] Section 3 of the Competition Act 2002 applies to cases of anti-competitive agreements between two or more enterprises. The usual route to examine an infringement of this provision was to determine firstly, whether there was an agreement between two or more enterprises, fulfilling which, secondly...

Systemizing Fairplay – Key Issues in the Indian Competition Law Regime

[Vedika Mittal is a Research Fellow in the Corporate Law and Financial Regulation vertical at Vidhi Centre for Legal Policy] Since the enactment of the Competition Act, 2002 (“Competition Act“), the business milieu has changed considerably globally and in India. More and more businesses are now being run in the virtual world and newer models of business exist now which would have been...

The Ambiguous Treatment of Non-Compete Covenants in Joint Venture Agreements

[Anubhuti Maithani is a 2nd year B.A. LL.B. (Hons.) student at NALSAR University of Law in Hyderabad, India] A non-compete clause (NCC) is a restrictive covenant, frequently found in combination agreements like mergers and acquisitions (M&A) and joint venture agreements, that prohibits one party from competing with the other on terms stipulated therein. In other words, it restricts one party...

Unexplored Antitrust and Contract Law Issues In Indian Transport Aggregation

[Arjun Agarwal is a 5th year student at WB National University of Juridical Sciences, Kolkata and Pragya Dahiya a 4th year student at Jindal Global Law School, Sonipat. The authors can be contacted at [email protected]] Much has been written about anti-trust issues surrounding the practices adopted by the likes of Uber and Ola in India. Hardly any attention has, however, been paid to the...

Relevant Turnover and its Basis in the Competition Act

[Guest post by Niranjan Sankar Rao, who is a Fourth Year B.A. LL.B. (Hons) Student at Jindal Global Law School, Sonipat. An earlier post on the topic can be found here.] The Supreme Court of India in May 2017 in Excel Crop Care v. Competition Commission of India, (2017) 8 SCC 47, upheld the Competition Appellate Tribunal’s (COMPAT) decision of awarding penalty based on ‘relevant turnover’. For a...

Call for Papers: Indian Competition Law Review

[The following announcement is posted on behalf of the Indian Competition Law Review] The Indian Competition Law Review (“ICLR”) is the flagship annual journal of the Centre for Competition Law & Policy (CCLP), published under the aegis of National Law University Jodhpur, (India). ICLR strives to achieve scholarly excellence with the aid of an eminent advisory board and an institution known...

Supreme Court Order on “Relevant Turnover”

[The following post is contributed by Akshay Bhatia, who is a 4th year student at the National Law University Odisha] The Supreme Court (SC) in its order on 8 May, 2017 in Excel Crop Care Limited v. the Competition Commission of India has adopted for the first time the concept of relevant turnover while computing the penalty to be imposed in contravention of section 3 of the Competition Act, 2002...

MCA’s Notification for Enhanced Exemptions Under the Merger Control Regime

[Guest post by Varun Thakur, BA.LL.B fourth year student at National Law University, Jodhpur.] In a notification dated 27 March, 2017, the Central Government, exercising its powers under the Competition Act, 2002 (‘the Act’), has issued a notification containing certain clarifications for easing compliance under the merger control regime. These interpretations are aimed at ensuring the...

Competition Appellate Tribunal Ruling in the Auto Parts Case

[The following guest post is contributed by Harsh Loonker, who is a final year student at the Jindal Global Law School] The Competition Appellate Tribunal (“Compat”), by way of its order dated December 9, 2016, upheld the order by the Competition Commission of India (“CCI” or the “Commission”) dated August 25, 2014, with minor modifications to the order and a substantial reduction in the...

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