[Surbhi Lahoti is a fourth year law student at Government Law College, Mumbai] COVID-19, a health emergency, has taken an unprecedented toll on the world economy. The lockdowns in India have resulted in supply chain disruption and panic buying by the consumers even after multiple assurances from the Government. The Essential Commodities Act, 1955 regulates the prices of the essential goods and...
‘Control’ under the Competition Law Regime: Is the Ambiguity Finally Settled?
[Abhishek Tripathy is a IV year student and Akshita Totla a III year student, both at the Institute of Law, Nirma University] The Ministry of Corporate Affairs introduced the Draft Competition (Amendment) Bill, 2020 in February 2020. The Bill was a result of efforts of the Competition Law Review Committee, which was established with the objective of suggesting amendments to the Competition Act...
Buyers’ Cartels in Indian Competition Law: Is it Time?
[Adyasha Samal is a student at the Hidayatullah National Law University] On 20 February 2020, the Ministry of Corporate affairs sought public comments on the Competition (Amendment) Bill 2020, which proposes sweeping substantive and procedural changes to the Competition Act 2002 (the “Act”). Among these is the significant inclusion of buyers’ cartels within the definition of cartels in section...
Settlements and Commitments in the Indian Competition Regime: Construing Practicality
[Ashu Bhargav is a student at the Faculty of Law, University of Delhi and Yavipriya Gupta at the Hidayatullah National Law University] The Indian competition law regime has witnessed significant developments in the past decade, as a consequence of which the Ministry of Corporate Affairs (MCA) has proposed a set of amendments to the existing Competition Act 2002 (the Act), in its Draft Competition...
Leniency Plus: A Potential Minus To The Indian Competition Framework?
[Vedantha Sai is a 4th year student at the National University of Advanced Legal Studies (NUALS) Kochi, India] Acting upon the Report of the Competition Law Review Committee, the Ministry of Corporate Affairs on 20 February 2020 introduced the Draft Competition (Amendment) Bill with the object of filling several gaps and revamping the competition law framework in India. It incorporates several...
Competition Law and the Deep Discounting Conundrum
[Akanshha Agrawal is a III year student at the National Law University, Delhi An earlier version of this post was published by the Kluwer Competition Law Blog] The changing market dynamics in the digital era have raised several concerns with competition regulators across the world, triggering a host of studies for a better understanding the issue. In doing its part, the Competition Commission of...
Price Gouging in the Age of Coronavirus: An Analysis of the Regulatory Strategies
[S.S. Shri Lakshmi is a 3rd year student at Hidayatullah National Law University, Raipur (HNLU)] Amidst all the panic caused by the current novel coronavirus (COVID-19), the international economy has suffered a beating. Factories across China have closed, bringing exports to a halt and oil stocks have plummeted due to a drastic cut in travel. At the same time however, specific industries have...
Liability of Key Personnel of Companies under the Indian Competition Law Regime
[Nishant Pande is a IV Year, BA LLB (Hons.) student at NALSAR University of Law, Hyderabad] Personnel at the helm of a company’s decision-making ought to act in furtherance of its best interests. Nevertheless, the actions taken in search of this best interest sometimes bring the company’s practices into the realm of the anti-competitive. To account for such transgressions on behalf of the key...
CCI’s E-commerce Report: A Cross-Jurisdictional Analysis
[Nidhisha Garg is a 4th-year B.A.LL.B (Hons.) student at the National Law Institute University Bhopal] On 8 January, 2020, the Competition Commission of India (CCI) released its report on e-commerce. The report is a result of an e-commerce market study carried out by the CCI starting April 2019, as a response to complaints by the Confederation of All-India Traders (CAIT) and National Restaurants...
CCI’s Report on E-commerce in India: A Magna Carta for Future Anti-Trust Investigations
[Jubair Bhati is a corporate lawyer and Mayank Sen is a 5th year BBA LLB (Hons) student at the School of Law, Raffles University, Neemrana (Rajasthan)] The Competition Commission of India (“CCI”) earlier this month published a report concluding its market study on the growing relevance of e-commerce in India. This report provides for various considerations that the stakeholders of e-commerce take...
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