Jaypee Not Dominant in NOIDA? Has CCI given the last word on real estate?

“Determination of correct relevant market is the sine qua non for finding the market position of an enterprise or group. Significantly, the order against Jaypee Group aptly underscores the importance of relevant market towards the outcome of any antitrust litigation”. The Competition Commission of India (CCI)’s latest order dated 26.10.2015, exonerating the Jaypee Associates Ltd.…

Competition Appellate Tribunal (COMPAT) directs re-consideration by CCI against movie producers/distributors for alleged cartelisation in setting unfair standards in cinema exhibition

COMPAT, by its order dated December 08, 2015 reversed the order of CCI dated April 22, 2015 which closed a case without initiating investigation against the 7 movie producers/distributors engaged in the production/distribution of Hollywood movies. The case was filed by K. Sera Sera Digital Cinema Pvt. Ltd alleging that the 7 opposite parties(OPs) compelled…

COMPAT quashes penalty for individual liability imposed on a member of Executive Committee of a pharmaceutical distributors’ association

COMPAT, vide its order dated December 07, 2015 set-aside the penalty of INR 47,63,579/- imposed by CCI on Shri Swapan Kumar Karak (Director, Karak Pharmaceuticals) holding him accountable, as a member of the Executive Committee of Bengal Chemist and Druggist Association (BCDA), for the decision by BCDA to restrict discounts on medicines by the pharmaceutical…

Bid Rigging Cartels In Public Procurement: Some Evolving Trends In Indian Competition Law

“Though the loose standard of proof of preponderance of probability adopted by CCI so far has been repeatedly questioned in the appeals against penalty orders of CCI, two recentdecisions of closure of alleged bid rigging in railway supplies by acceptance of objective justifications by parties isa suresign of a maturing and evolving jurisprudence of the…

Are Merger Regulations Effective?

Both the merger control provisions of the Competition Act, 2002, notified by the ministry of corporate affairs (MCA) with relaxation to the thresholds and the draft merger regulations put out by the Competition Commission of India (CCI) are industry-friendly and allay some of the concerns of industry. Yet, worries remain. The first concern was the…

Competition Act, 2002: Overview

In the wake of economic liberalization and widespread economic reforms introduced in 1991, and in its attempt to move from a ‘command and control’ regime to a regime based on free market principles, India decided to replace its then existing competition law – the Monopolies and Restrictive Trade Practices Act 1969, which was primarily designed…

How Mergers Affect Competition

India’s new competition regulator, the Competition Commission of India (CCI) is getting ready to commence regulation of “combinations” (acquisition, acquiring control, mergers and amalgamations between enterprises above the threshold limits mentioned in section 5 of the Competition Act, 2002) and has decided to publish the implementing draft regulations for merger control shortly. Chairman, CCI has acknowledged that…