CCI rejects predatory pricing allegations against OLA yet again

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…

CCI Issues Guidance note on “Non-compete” clause: An Overview

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…

Indian Merger Control-exemption from 30 day filing deadline to CCI- Will it lead to reduction in “Gun jumping” cases ?

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…

CCI Penalizes Hyundai Motors for RPM and Tie-in arrangement

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…

PWO SCAM IN MAKING? ARE PUBLIC WORKS ORGANISATIONS IMMUNE FROM COMPETITION LAW?

  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…

CCI initiates investigation against Mahyco Monsanto Group entities for abuse of dominance

CCI by its order dated March 14, 2017 has initiated an investigation against Mahyco Monsanto Group for abuse of dominance in relation to sub-license agreements through which Bt. technology   is   sub-licensed   to   the   seed   manufacturing   companies   in   India; charging  unfair  trait  value;  limiting  scientific  development  relating  to  Bt.cotton technology as well as Bt.cotton seeds and…

Competition Commission of India (CCI) finds Karnataka Chemist and Druggists Association (KCDA) in violation of Section 3(3) of the Act

CCI by its order dated March 02, 2017 has found that KCDA is violating Section 3(3) of the Act by denying supply of orders to stockists till No-Objection Certificate from KCDA is obtained. Being prima-facie satisfied by the information filed, the CCI ordered investigation into the matter. It was revealed during the investigation that the…