[The following guest post is contributed by Ann Minu Jose, a lawyer working with the Competition Commission of India. Views expressed are personal. The CCI Order discussed is available here] Facts: Information was filed under Section 19(1)(a) of the Competition Act, 2002 (“Act”) initially against 3 car manufacturers[1] alleging anti-competitive practices on part of the opposite parties...
Guest Post: COMPAT upholds CCI order in DLF Belaire Owners Association Case
[The following post is contributed by Vaibhav Choukse, Senior Associate – Competition Law and Policy, Vaish Associates Advocates. Views are personal.] Introduction On May 19, 2014, in a landmark order, the Competition Appellate Tribunal (“COMPAT”) upheld the order of the Competition Commission of India (“CCI”) imposing a record penalty of INR 630 crores (USD 140 million) on DLF Limited...
SEBI Order on “Control” Under Takeover Regulations
Background and Facts Last week, SEBI passed its order in the Jet-Etihad case relating to whether the investment by Etihad Airways in 24% shares of Jet Airways (India) Limited and the terms thereof amount to Etihad obtaining “control” in Jet so as to require Etihad to make a mandatory open offer under the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (the Takeover...
Guest Post: CCI Amends Merger Control Regulations
[The following post is contributed by Karan Singh Chandhiok, Head of Competition Law and Dispute Resolution, Chandhiok & Associates, Advocates and Solicitors; and Vikram Sobti, Senior Associate with the firm. The authors may be contacted at [email protected] and [email protected] respectively] On 28 March 2014, the Competition Commission of India (CCI) issued a...
Guest Post: Abuse of Dominant Position by ESPN
(In the following post, Mr Sapan Parekh, a student at the National Law School of India University, Bangalore, considers whether the telecast policies of ESPN are consistent with competition law) Football fans in India received the shock of their lives when ESPN Star Sports (“ESS”) did not broadcast the opening English Premier League match between Liverpool and Stoke City on any of its regular...
Competition Act: Status of Director General’s Finding
[The following post is contributed by Akanksha Mehta, a student of Dr. R.M.L. National Law University, Lucknow, who has an interest in competition law] One of the major loopholes in the present Competition Act, 2002 seems to have found some judicial clarification through COMPAT’s (Competition Appellate Tribunal) order dated 18th April, 2013. Section 26 of the Act includes all the orders that the...
Competition Law Risks: Non-Compete Clauses in M&A Transactions – Part 2
[The following post is contributed by Soumya Hariharan, who is a Foreign Lawyer at Rodyk & Davidson LLP’s Corporate & Competition Law Practice in Singapore. Soumya obtained her BSL.LLB degree from ILS Law College and has an LL.M degree (Corporate & Financial Services Law) from the National University of Singapore. She can be reached at [email protected]. These views are...
Competition Law Risks: Non-Compete Clauses in M&A Transactions – Part 1
[The following post is contributed by Soumya Hariharan, who is a Foreign Lawyer in Rodyk & Davidson LLP’s Corporate and Competition Law Practice in Singapore. Soumya obtained her BSL.LL.B degree from ILS Law College and has an LL.M degree (Corporate & Financial Services Law) from the National University of Singapore. These views are personal. In this first part, Soumya provides a broad...
Amendments to the Combination Regulations
[The following post is contributed by Karan S. Chandhiok, who is the Managing Associate of the Competition Law Team at Luthra & Luthra Law Offices. Karan graduated from Amity Law School followed by a BCL at Oxford. He currently serves as a Member Executive of the Competition Law Bar Association. These views are personal. Karan may be contacted at [email protected] or karanchandhiok@gmail...
Ministry’s move to exempt shipping sector from the lens of Competition Act
[The following post is contributed by ACS Nidhi Ladha, who is a partner at Vinod Kothari & Co. She can be reached at [email protected]] The Competition Act 2002 [as amended by Competition (Amendment) Act, 2007] (the “Act”) supercedes the erstwhile MRTP Act and codifies a present-day competition law in India. The Act plays a twin role of making void all anti-competitive agreements...
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