TagCompetition Law

Arbitrability of Antitrust Disputes

[Avnish Prakash and Sakshi Jha are 4th year B.A., LL.B. (Hons.) students at Hidayatullah National Law University, Raipur] Arbitration is a private and consensual mode of dispute settlement which has gained immense importance in the contemporary commercial era. Fundamentally, disputes before arbitration must be of private nature, as it is not considered appropriate if disputes with public...

CCI’s Rigid Approach in Holding Discount Control Policy Anti-Competitive

[Yagya Sharma is a 5th year BA LLB student at Institute of Law, Nirma University] On 23 August 2021, the Competition Commission of India (CCI) in In Re: Alleged anti-competitive conduct by Maruti Suzuki India Limited in implementing discount control policy vis-à-vis dealers has imposed a penalty of ₹200 crores and passed a cease-and-desist order against Maruti Suzuki India Limited (MSIL). The...

Online Certificate Course on “Competition Law and Policy”

[Announcement on behalf of Bettering Results] Bettering Results (BR) is conducting an online certificate course on the “Competition Law and Policy” from September 11- September 18, 2021.  Through this Certificate Course, we seek to provide the participants with an in-depth knowledge of the growing relevance of competition law all around the globe. Competition Law is a rapidly growing...

CCI Probe: Will Amazon & Flipkart Pass Legal Scrutiny?

[Akshay Shrivastava is a 5th Year B.Com., LL.B. (Hons.) student at Gujarat National Law University, Gujarat] Recently, the Supreme Court refused to stay the ongoing probe on e-commerce giants Amazon and Flipkart by the Competition Commission of India (CCI) for promoting specific sellers owing to exclusive arrangements and rendering them special treatment by offering heavy discounts, thereby...

Competition Concerns in the Cab Aggregators’ Market

[Lavanya Gupta and Shreya Mukherjee are final year students at Symbiosis Law School, Pune] Five years after the initiation of the case, the Competition Commission of India (“CCI”) recently rendered its decision on Uber’s alleged dominance in Meru Travel Solutions Pvt. Ltd. v. Uber India Systems Pvt. Ltd. In its case against Uber, Meru alleged that Uber was misusing its dominant market position to...

Competition Assessment in R&D Markets: A Double Edged Sword

[Bhawna Lakhina is a third-year student of National Law Institute University, Bhopal] Research and development (“R&D”) constitutes a significant factor driving competition in the current market scenario. Companies constantly strive to innovate newer and better products as well as technologies to enhance their position in the market. This is particularly evident in markets like...

Confidentiality Rings under Competition Law: Need for Ironing out Wrinkles

[Amritesh Anand and Krishnanunni U are penultimate year students at Nalsar University of Law, Hyderabad] Antitrust investigations, by their very nature, involve extensive access to commercially sensitive information of entities being investigated, some of which is inherently ‘confidential’. Hence, it becomes imperative for competition authorities to institute sufficient checks and balances in...

Proposed Amendments to the E-Commerce Rules: Going a Step Too Far?

[Rohan Mitra is a 4th Year B.A., LL.B. (Hons.) student at Jindal Global Law School] The Department of Consumer Affairs on June 21, 2021, proposed amendments to the Consumer Protection (E-Commerce) Rules, 2020. The proposals have been released to the public and comments and suggestions have been invited, with the deadline being extended until late July. The rules have unsettled many online...

Is NSE’s Co-Location Facility Abusive: A Competition Law Analysis

[Rishabh Joshi is a 5th year B.B.A., LL.B. (Hons.) student at Gujarat National Law University, Gujarat] Recently in its decision of Manoj K. Sheth v. NSE, (Case No. 35 of 2019) dated 28 June 2021, the Competition Commission of India (CCI) rejected the charges surrounding abuse of dominance against the National Stock Exchange (NSE) concerning the co-location facility. The informant had filed a...

Draft E-Commerce (Amendment) Rules, 2021 – A Competition Law Perspective

[Moksh Roy and Arjun Sahni are 4th year students at Symbiosis Law School, NOIDA] The Department of Consumer Affairs (“DCA”)on 21 June 2021 released the Draft Consumer Protection E-Commerce (Amendment) Rules, 2021 (“Draft Rules”). According to the press release, the Amendment Rules are aimed at bringing transparency to e-commerce platforms and strengthening the existing regulatory regime.  In...

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