TagCompetition Law

Who Does India’s Draft Enabling Framework for Regulatory Sandbox actually Enable?

[Anupriya Dhonchak is a student at the National Law University New Delhi A longer version of this post is available on the Kluwer Competition Law Blog] One of the salient recommendations of the Reserve Bank of India (RBI) Working Group’s Report on FinTech and Digital Banking was the introduction of a regulatory sandbox in India. A regulatory sandbox is an innovative tool which allows market...

Specially Defined Relevant Markets: A Case for Reconsideration

[Kavya Lalchandani is a 3rd year Student at National Law University Odisha] Abuse of dominant position is defined under section 4 of the Competition Act, 2002 as the ability of an enterprise to behave independently of the competitive forces in the market and affect the consumers in its favour. It is a position of strength that is enjoyed by a particular enterprise in the relevant market. Being a...

Objective Justification in Abuse of Dominance Cases in India

[Basu Chandola is a BBA LLB graduate (batch of 2018) from the National Law University Odisha. The concept of objective justification provides that a dominant enterprise will not be abusing its dominant position if it can provide a justification for its conduct. Though the concept is well-accepted in the European Union, its position in Indian competition law is ambiguous. This post seeks to...

Call for Papers: ‘Revamping Competition Law in India’

[Announcement on behalf of the Centre for Competition Law and Policy, NUALS Kochi] The Centre for Competition Law and Policy (CCLP) is a Research Centre, being part of the National University of Advanced Legal Studies, Kochi (NUALS Kochi). The primary vision of the Centre is to encourage study and research in competition law and policy. It also focuses on disseminating ideas and promoting...

CCI’s Order in the Snapdeal – KAFF Case

[Gokul Plaha is a fifth year year B.A., LL.B. (Hons.) student at the National Law University, Delhi] By way of an order dated 15 January 2019 passed under section 26(6) of the Competition Act, 2002 (the Act) in Jasper lnfotech Private Limited (Snapdeal) and KAFF Appliances (India) Pvt. Ltd. (KAFF) (15 January 2019), the Competition Commission of India (CCI) clarified that section 3(4)(e) of the...

CCI Order on Price Fixing: Collusion in Cab Aggregation Models?

[Kaustub N. S. Bhati and Prankul Boobana are 3rd Year B.A. LL.B. (Hons) students at NALSAR University of Law, Hyderabad] The Competition Commission of India (CCI) passed an order on  6 November 2018 dismissing the allegation that Ola and Uber (Cab Aggregators), through their algorithmic pricing mechanisms, are indulging in price fixation in accordance with section 3(3)(a) of the Competition Act...

Non-Dominant Enterprises’ Offers and Schemes: Predatory Pricing or Not?

[Muskan Agarwal is a 3rd-year B.A. LL.B. (Hons.) student of National Law Institute University, Bhopal] The Competition Act of 2002 [the “Act”] defines predatory pricing as the sale of goods or provision of services at a price which is below the cost of production, with a view to reduce competition or eliminate competitors. Predatory pricing is seen as abuse of dominant position under section 4 of...

Relevant Market in E-commerce: The Dilemma Resolved?

[Samarth Saxena and Mohak Chikhale are Final Year students at ILS Law College, Pune] This post aims to critically analyse a constant conundrum in the Indian antitrust scenario, namely the relevant market analysis in the e-commerce sector. It does so in the context of the order (“Order”) of the Competition Commission of India (“CCI”) in All India Online Vendors Association (“AIOVA”) v. Flipkart...

Price Parallelism in Bid Rigging Arrangements

[Gunjan Garg is a 3rd year B.A LLB (Hons.) student of National Law Institute University, Bhopal] The Indian Competition Act in section 3 deals with ‘anti-competitive agreements’ which gives the Competition Commission of India (“CCI”) the power to prohibit any agreement between enterprises or persons engaged in identical or similar trade of goods and services, directly or indirectly resulting in...

Perceiving Data Protection within the Umbrella of Competition Law

[Vishal Singh is a III Year student at Dr. Ram Manohar Lohiya National Law University, Lucknow] The Competition Act, 2002 has been enacted to prevent activities that have an adverse effect on competition in the Indian Market. The Preamble of the Act unambiguously enunciates the role of ‘economic efficiency’ in competition law. The goal of competition law is to build a competitive market and thus...

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