So the regulatory “war” has begun in India in the backdrop of the ongoing tussle between telecom giants to grab the maximum share of the huge market for telecom services, both voice calls and data services. Somewhat like the famous Smartphone Patent wars in Europe and elsewhere (including in India between Eriksson and local manufacturers…
The Competition Commission of India (‘CCI) vide notification dated 22 August, 2017 (‘Amendment’) has amended the Competition Commission of India (Lesser Penalty) Regulations, 2009 (“Leniency Regulations”). The amendments are the first in more than eight years since the introduction of the leniency regime in India. The amendments which incidentally come after a few months since…
The Competition Commission of India (CCI) vide its order dated 19.07.2017 has dismissed allegations of predatory pricing against OLA (ANI Technologies) made by two Bangalore based radio taxi service providers, Fast Track (Fast Track Call Cab Ltd.) and Meru (Meru Cab Company Pvt. Ltd) (‘Informants’). The Informants had alleged in 2015 that OLA had abused…
The Competition Commission of India (‘CCI’) on a complaint filed by Mohan Meakin Ltd. has directed yet another investigation into alleged unfair market practices leading to abuse of dominant position by GAIL (India) Ltd. (‘GAIL’), vide its latest order dated 17.07.2017. This order is the third order in a series of recent orders…
Introduction “Non-compete” obligations are frequently incorporated in M & A transactions to facilitate the effective implementation of a proposed combination. Non-compete obligations enable the Acquirer to secure complete benefit from the transferred assets (including tangible, and intangible assets such as know-how and goodwill). In the case of a joint venture, non-compete obligations prevent the parent…
Much has been written about the recent exemption granted by the Government of India, Ministry of Corporate Affairs vide Notification dated 29 June, 2017 (‘Notification’) exempting parties to a “combination” that is mergers and acquisitions, amalgamations between parties having their assets or turnover beyond the prescribed thresholds , from notifying the Competition Commission of India…
The Competition Commission of India (CCI) has passed its first Order dated 14.6.2017 against the anti-competition practice of Resale Price Maintenance (RPM) by Hyundai Motors India Ltd. (HMIL/Hyundai). CCI has imposed the penalty of Rs. 87 Crores on Hyundai. The penalty also covers the violation of “tie-in” arrangements between Hyundai and its dealers for recommending engine…
CCI vide its recent order dated June 01, 2017 has closed an allegation of abuse of dominant position against popular message service WhatsApp. The complaint against WhatsApp was filed by an individual Vinod Kumar Gupta on behalf of a NGO “Fight for Transparency Society”. As per the complainant, WhatsApp was acquired by Facebook Inc. (“Facebook”)…
Sometime in July 2016, I happened to speak in a conference on Public Procurement organized by the ASSOCHAM, on competition issues in public procurement. In the Q&A session, instances of repeated violation of basic competition principles such as award of contract on competitive bidding to many PSUs by the Central Government were highlighted. After…
The Ministry of Corporate Affairs, through a Gazette notification dated March 27, 2017 has modified the method of calculation of assets and turnover for the purposes of filing of notice in cases of acquisition or acquiring control of or merger or amalgamation of a portion of an enterprise or division or business for the purpose…
