[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...
App Store: Bridge between Users and Developers or Market Monopoliser?
[Amiya Krishna Upadhyay and Arnab Chakraborty are 4th Year B.A., LL.B. (Hons.) and B.B.A., LL.B. (Hons.) students respectively at National Law University Odisha] On 31 December, 2021, the Competition Commission of India (CCI) directed the Director General to probe into the functioning of the App Store and corresponding in-app purchases (IAP) of the Silicon Valley giant. The allegations of the...
Algorithmic Collusion: Can the Competition Act Protect against Self-Learning Algorithms?
[Digvijay R. Singh is a 4th year BA LLB (Hons.) student at National Law School of India University, Bangalore] An algorithm is an application of reasoning by artificial intelligence (“AI”) for the finding of a probable solution to a problem. Algorithms are relied upon for the cost and efficiency benefits attributed to them. In the present day, algorithms contribute to an enterprise in multiple...
Oligopoly, Competition, Cartels and Beyond: Establishing the Need for ‘Collective Dominance’
[Swetha Somu is a 2nd year B.B.A. L.L.B (Hons.) student at Gujarat National Law University in Gandhinagar] ‘Collective dominance’ in competition law points to a scenario where two or more independent undertakings, possibly through established economic links, hold a dominant position in the market together while still being independent of each other. This concept was first recognized in the...
CCI’s Penalty on Amazon: A Necessary Intervention
[Saikishan B Rathore is a 4th year BSW LLB (Business Corporate and Financial Law Hons.) student at Gujarat National Law University, Gandhinagar] In a first of its kind, the Competition Commission of India (CCI) on 17 December 2021 found Amazon NV Investment Holdings LLC (Amazon) guilty of contravening sections 43-A, 44 and 45 of the Competition Act, 2002 (Act). By way of its order dated 17...
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