[Prateek Surisetti is a graduate of the NALSAR University of Law. The author draws ideas for this post from his longer article “Matrimony.com Ltd v Google: an Indian perspective on a world-wide regulatory phenomenon”, (2020) 41 European Competition Law Review 26] While various commentators have analyzed the rather extensive legal issues arising from the 2018 Competition Commission of India...
Commitment and Settlement Clause in the Competition Act: The Right Way Ahead?
[Vijayaditya Reddy and Manjri Singh are III year students at NALSAR University of Law] The Government has announced its plan to introduce a ‘commitment and settlement’ clause in the Competition Act, 2002 to allow for a quick resolution of anti-trust cases outside the otherwise lengthy adjudication process. This amendment is likely to take place in the upcoming winter session of Parliament. This...
Mandatory Consultation as a Recourse to Settle the Tussle between TRAI and the CCI
[Rohan Bhargava and Nishtha Khandelwal are 3rd year students at Dr. Ram Manohar Lohiya National Law University] With the advancement in the technology and the advent of multiple private players in the telecommunication sector, there arose a requirement for a sectoral regulatory body to deal with various issues arising in the market. In India, the telecom sector is governed by the Telecom...
Roadblocks to CCI’s Green Channel
[Jubair Bhati is a corporate lawyer and Mayank Sen a 5th year B.B.A., LL.B. (Hons.) student at School of Law, Raffles University, Neemrana (Rajasthan)] The Competition Commission of India (“CCI”) has recently notified amendments to its ‘Procedure in regard to the transaction of business relating to combinations Regulations, 2011’ (the “Combination Regulations”). The amendments to the Combination...
Section 26(1) of the Competition Act: Chance for Optimum Utilization of the Resources
[Sumit Jain is at the Centre for Competition Law and Economics (CCLE)] Section 26(1) of the Competition Act, 2002 allows the Competition Commission of India (CCI) to order an investigation (Director General’s (DG’s) investigation) in case of ‘prima facie’ violations of the Act. The said investigation is under no circumstance bound to influence the final decision of the CCI, and is only ordered to...
Antitrust and Aviation: Reviewing the Indian Civil Aviation Sector
[Anik Bhaduri is a III year student and Sudipta Choudhury a II year student, both at NALSAR University of Law] In November last year, the Competition Commission of India (CCI) began an inquiry into allegations of price-fixing in the airlines industry, while in March 2018 the Commission imposed a penalty on three airline carriers for price-fixing. These frequent investigations by the CCI point at...
Digital Market and Zero-Pricing: Is SSNIP Test Applicable?
[Anubhav Sharma and Chirag Jindal are 4th Year B.A. LL.B. (Hons.) student at National University of Advanced Legal Studies, Kochi] Introduction Identification of the ‘relevant market’ is one of the most crucial aspects of the antitrust (competition) assessment by the authorities. It is based on two notions: firstly, ‘perfect monopoly’ and ‘perfect competition’ do not exist; and, secondly, firm(s)...
CCI on Whether Inefficiency or Delay in Service Amount to a Violation under the Competition Act
[Anirban Chanda is a 4th year B.A., LL.B. (Hons.) student and Anujay Shrivastava a 5th Year B.A., LL.B. (Hons.) student, both at the Jindal Global Law School] In its recent decision in National Consumers Co-operative Federation of India v. New Town Electric Supply Company Ltd. and West Bengal State Electricity Distribution Ltd. (NCCFI), the Competition Commission of India (CCI) has declared that...
Green Channel in Combination Regulations: Legislative Concerns
[Basu Chandola is a Research Assistant at the Jindal Initiative on Research in IP and Competition (JIRICO)] The Competition Law Review Committee, which was established in 2018 to ensure that competition law is strengthened and re-calibrated to promote best practices, submitted its report in July this year. The Committee has recommended the introduction of a “green channel” mechanism to deal with...
Trade Associations and Pharmaceutical Industry: A Competition Conundrum
[Yashvardhan Singh is a 2nd year student and Palash Moolchandani a 3rd year student, both at the National Law University Odisha] Trade Associations are business platforms where players of a particular industry meet to discuss common concerns and to take collective decisions about certain practices in that industry. The role of trade associations in any industry and the economy cannot be disputed...
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