TagCompetition Law

Competition Law Concerns with Android Operating System: European Commission Throws a Hammer on Google

[Rajat Sharma is a 4th year B.A. LL.B (Business Law Hons.) student at National Law University, Jodhpur] Introduction It is an undeniable fact that mobile internet services make up for more than half of the global internet traffic, as also stated by European Union Competition Commissioner Margrethe Vestager. The statement came after the European Commission (EC) imposed a mammoth fine on Google...

CCI Proposes Amendments to the Combination Regulations To Disentangle the Minority Acquisition Exemption

[Ahkam Khan is a 3rdYear B.A., LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University in Lucknow] India contemplates an ex ante merger control regime under the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 (Combination Regulations). The process for filing of combinations with the Competition...

Google “Search Bias” Case: A Law and Economics Analysis

[Madhavi Singh is a is a 5th year B.A. LL.B. (Hons) student at National Law School of India University, Bangalore] Google has in many parts of the world faced allegations of abuse of dominant position for several practices. This post is limited to the Google “search bias” case before the European Commission (EC), the Federal Trade Commission (FTC), and the Competition Commission of India (CCI). I...

The Risks of Common Ownership on Competition: Emerging Jurisprudence

[Suyash Bhamore is a 3rd Year B.A. LL.B. (Hons.) student, NLIU Bhopal] Background and Context The Competition Commission of India (CCI) in order dated 20 June 2018 in Case No. 25-28 of 2017(Meru Cabs Case) ignited a discourse on antitrust risks perpetuating from common ownership. The Meru Cabs Casedefined common ownership as “a situation where large institutional shareholders such as investment...

The Indian Competition Watchdog’s Application of the Herfindahl-Hirschman Index

[Suyash Bhamore is a 3rd Year B.A. LL.B. (Hons.) student, NLIU Bhopal] Background and Context Economics, more specifically, tools of economic analysis have always been accorded paramount importance when conducting competition analysis. The Herfindahl-Hirschman Index (HHI) is one such econometric tool, which is widely accepted by various competition regulators as a measure of market concentration...

Appreciable Adverse Effects on Competition and Circumstantial Evidence in Antitrust Investigations

[Tanya Varshney is a fourth-year BA LLB student from Jindal Global Law School] The effect of information exchange and collusion amongst firms can have a significant impact on the market structure. When firms collude to fix prices and supply levels, they hold a great degree of market power. However, in the absence of a written contractual agreement as direct evidence, is there a presumption of...

Comment on the Explosives Case: A Jurisprudential Analysis of Penalties under Competition Law

[Abhiroop Saha is a III Year student at the National Law School of India University, Bangalore]                                                                            The primary aim of this post is to analyze the Explosives case based on the verdicts rendered by the Competition Commission of India (CCI order) and subsequently by the Competition Appellate Tribunal on appeal (COMPAT order)...

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...

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