[Vikas Kathuria is the Director of the ASCOLA-India Chapter and Professor at the School of Law, BML Munjal University, India. He is also an editor of the IndiaCorpLaw Blog] India is all set to join the growing number of countries that have crafted level-playing rules for Big Tech firms. The Committee on Digital Competition Law (CDCL), which was constituted by the Ministry of Corporate Affairs to...
Reining in Big-Tech Ex-Ante : The Indian Edition
[Manjushree RM (Senior Resident Fellow), Meha Chandra (Project Fellow), Anuradha Bhattacharya (Project Fellow), Vallari Dronamraju (Research Fellow) and Urvi Pathak (Research Fellow) are with Vidhi Centre for Legal Policy, and were engaged by the Ministry of Corporate Affairs in preparing the CDCL Report] On 12 March 2024, the Committee on Digital Competition Law (‘CDCL/ Committee’) presented its...
Navigating the Choppy Waters of Anti-trust Regulation in the Maritime Industry
[Aditya Trivedi is an Associate with the Competition Advisory Services (India) LLP, New Delhi and an LL.M. student in Competition Law & Economics at the Brussels School of Competition and Vanshika Arora is a 4th Year B.A.LL.B. student at the Army Institute of Law, Mohali] In the vast tapestry of India’s economic landscape, the maritime sector stands as a pivotal contributor, shaping the...
Green Competition: Adopting A Flexible Regulatory Framework
[Oorja Newatia is a second-year law school student at NLSIU, Bengaluru. An earlier version of this post was first published with the Centre for Business and Commercial Laws] Recently, on the sidelines of the BRICS Competition Conference, the Competition Commission of India’s (‘CCI’) chairperson has declared that the CCI is looking at ways to integrate sustainability dimensions into the...
Algorithmic Anti-Discounting in F.T.C. v. Amazon: Neo-Brandeisian Lessons for Competition Law
[Chytanya S Agarwal is a 3rd-Year B.A., LL.B. (Hons.) student at the National Law School of India University, Bangalore] Recently, the American Federal Trade Commission (‘FTC’) sued Amazon alleging that its practices unlawfully maintained its monopoly. The complaint was based on two main grounds – first, the algorithmic processes used by Amazon to curate its search results penalise the retailers...
Tussle for Jurisdiction: CCI vs. The Controller General of Patents
[Jishnudeep Kolay and Saumya Bapna are second-year B.A. LL.B (Hons.) students at the National Law School of India University, Bengaluru] In July 2023, the Delhi High Court in Telefonaktiebolaget LM Ericsson v. Competition Commission of India (‘Ericsson II’) ruled that in an issue of abuse of dominance by a patentee in the exercise of their rights under the patent, the Patents Act, 1970 will...
Hybrid Settlements and Presumption of Innocence: The Conundrum of Verdict Under Veil
[Ishita Mishra is a fourth-year B.B.A. LL. B (Hons.) student at Symbiosis Law School, Pune] The European Commission (‘Commission’) issued its decision to establish the participation of Barclays, Deutsche Bank, RBS, and Société Générale in a cartel in the market for Euro Interest Rate Derivatives (‘EIRD’). The decision was adopted through a settlement procedure wherein the banks received a 10%...
ITC-J&J Deal: Unravelling the Complexities of NCLAT’s Decision in the Merger Control Regime
[Aryan Birewar, Rishabh Guha, and Dhanshitha Ravi are 4th Year BBA LLB (Hons.) students at Symbiosis Law School, Pune] On 27 April 2023, the National Company Law Appellate Tribunal (“NCLAT”) passed an Order (“the Order”) favouring ITC Pvt. Ltd., reversing the penalty that was levied on it by the Competition Commission of India (“CCI”) for not notifying a combination under section 43A of the...
Navigating the Regulatory Landscape: ICAI and CCI at Loggerheads over CPE Program
[Shruti Srivastava is a fourth-year law student from National Law University and Judicial Academy, Assam] Delegated legislation is a vital framework that allows specialized bodies like the Institute of Chartered Accountants of India (ICAI) to regulate their respective professions effectively. As a statutory body, the ICAI derives its regulatory authority from the Chartered Accountants Act 1949...
PSUs and Competition Law in India: Balancing Public Interest and Market Efficiency
[Himanshi Yadav and Kartikey Baid are 4th Year B.A., LL.B. (Hons.) students at National Law University, Jodhpur] In the contemporary era of interconnected global trade and commerce, the principles of free and fair competition among not only private enterprises but also public and private sectors have become synonymous with a well-functioning free market. Consequently, the intersection of...
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