TagCompetition Law

Open Banking and Competition in Retail Financial Markets

[Sourav Paul is a 3rd Year B.A. LL. B (Hons.) student at the National University of Juridical Sciences, Kolkata] Rapid technological innovations are changing the fundamentals of the retail financial markets, thereby opening up a new frontier for competition in the industry. The harbingers of the radical changes in the retail banking segment are fintech start-ups, who are deploying innovative...

Zero Clicks – A Tool for Abuse of Dominance by Google?

[Neha Maria Antony is a 4th year law student at the National University of Advanced Legal Studies] Competition authorities across the world have a chequered history with tech giant Google. India’s competition regulator, the Competition Commission of India (‘CCI’) has also been part of this saga, and the latest in a series of competition concerns against Google arose in the form of the...

The Promise of Private Enforcement of Competition Law in India

[Nimit Rajesh Goyal is a penultimate year student at the National Law University, Delhi. The author thanks Distinguished Prof. (Dr.) M.S. Sahoo and Prof. (Dr.) Ritu Gupta at the National Law University, Delhi for their insight and guidance] Private enforcement of competition law may be defined as enforcement by means of legal action brought about by victims of anti-competitive conduct before a...

Gauging the Scheme of Predatory Pricing: The Case of Shopee Pvt. Ltd.

[Shubham Gandhi and Tanish Gupta are IV year and III year students respectively at National Law University, Jabalpur] The Competition Commission of India (‘CCI’) in the recent case of In Re: Vaibhav Mishra v. Sppin India Pvt. Ltd.(‘Shopee case’), has dismissed the allegation regarding the exercise of predatory pricing carried out by ‘Shopee’, an online marketplace. The CCI, while dismissing the...

Merger Thresholds under the Draft Competition (Amendment) Bill, 2020: A Digital Perspective

[Shrey Aggarwal is a 4th Year B.A. LL.B (Hons.) Student at Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana] The Draft Competition (Amendment) Bill, 2020 (“Amendment Bill”) has proposed to introduce substantial changes in the Competition Act, 2002 (the “Act”) through several amendments. One change in particular, being the focus of this analysis, is the addition of two...

Asymmetric Substitution vis-a-vis Relevant Market: A Conundrum Unresolved

[Yatin Gaur is a 3rd year B.A. L.L.B (Hons.) student and Priyal Jain a 4th year B.A. L.L.B (Hons.) student, both at Hidayatullah National Law University, Raipur] The concept of ‘relevant market’ is one of the most essential analytical tools employed by the Competition Commission of India (CCI) to analyse competition law concerns. However, defining a term in the statute is just a small step...

Leniency Applicant Challenging the DG Report: Need for Clarity?

[Shubhankar Tiwari is a 4th year B.A. LL.B. (Hons.) student and Dhaval Sheth a 2nd year B.A. LL.B. (Hons.) student, both at National Law University, Delhi] Leniency application is an emerging concept within the Indian competition law jurisprudence. Internationally, it has developed as an integral part of the cartel whistleblower protection programme. This programme protects enterprises and...

A Progressive Stance of the CCI in Ascertaining ‘Enterprise’

[Ashutosh Rajput and Anand Singh are 3rd year B.A.,L.L.B. (Hons.) student at Hidayatullah National University, Raipur] The Competition Commission of India (CCI) in CJ Darcel Logistics Ltd. v. Dumper and Dumper Truck Union Lime Stone (7 February 2022) has issued a cease-and-desist order against the Dumper and Dumper Truck Union Lime Stone (DDTU) for contravening sections 3(3)(a) and 3(3)(b) read...

CCI Investigations and Bharti Airtel: Interpretations Galore

[Shreyas Sinha and Krishanu Paul are second-year B.A., LL.B. (Hons.) students at the National Law School of India University (NLSIU), Bengaluru] On 14 February 2020, a single judge of the Karnataka High Court stayed an order of the Competition Commission of India (‘CCI’) that had directed an investigation by the Director-General under section 26(1) of the Competition Act, 2002 (‘the Act’), into...

Regulating the Honchos of the Online World – Big Tech Dominance

[Nityesh Dadhich is a IV year B.A., LL.B(Hons.) student at National Law University Delhi] On 20 January 2022, the U.S. Senate approved the American Innovation and Choice Online Bill. The Bill aims to control the abuse of dominance by ‘covered platforms’ operating over the internet. Section 2(h)(3) of the Bill defines ‘covered platform’ as the online platform having at least fifty million US-based...

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