Role of Courts in Settling Conflict of Jurisdiction Between Sector Regulators and Competition Regulator in India

Role of Courts in Settling Conflict of Jurisdiction Between Sector Regulators and Competition Regulator in India The conflict of jurisdiction between sector specific regulators and CCI has been a perennial source of litigation between the parties which has attracted judicial intervention by writ courts. The higher judiciary in India, including the Competition Appellate Tribunal (COMPAT)…

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CCI dismisses complaint of bid rigging by Eastern Railways against Laxven and Medha Servo in procurement of Microprocessor systems

CCI dismisses complaint of bid rigging by Eastern Railways against Laxven and Medha Servo in procurement of Microprocessor systems     By way of its order dated 02.01.2019, the Competition Commission of India (“CCI/Commission) has exonerated M/s Laxven Systems (“Laxven”) and M/s Medha Servo Drives Pvt. Ltd (“Medha”) of allegations of bid rigging in the…

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CCI holds neither Flipkart nor Amazon as dominant in the market for online marketplace platforms- Hints at considering online market as a separate market for market analysis

CCI holds neither Flipkart nor Amazon as dominant in the market for online marketplace platforms- Hints at considering online market as a separate market for market analysis   CCI, by way of order dated 06.11.2018 has dismissed allegations against Flipkart India Private Limited (“Flipkart India”) and Flipkart Internet Private Limited (“Flipkart Internet”) of abusing its…

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CCI fails to appreciate a new market concept; exonerates Sana Realtors of abuse of dominance in real estate market

CCI fails to appreciate a new market concept; exonerates Sana Realtors of abuse of dominance in real estate market   The Competition Commission of India (“CCI/Commission”) vide its order dated 23.04.2019 exonerated M/s Sana Realtors Private Limited (“Sana Realtors”) against allegations of abuse of dominant position in the real estate market. Background- SOHO market? It was…

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Delhi High Court settles constitutional challenges to the Competition Act, 2002- refuses to grant substantive relief to Car makers -sends them back to NCLAT for deciding on merits

Delhi High Court settles constitutional challenges to the Competition Act, 2002- refuses to grant substantive relief to Car makers -sends them back to NCLAT for deciding on merits. The High Court of Delhi by its common judgement dated 10.04.2019, has disposed of 12 Writ petitions filed by 10  noted car manufacturers ( BMW, MERCEDES BENZ,…

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Has CCI diminished the right of effective legal assistance and representation by advocates during recording of evidence by the Director General?

Has CCI diminished  the right of effective legal assistance and representation by advocates during recording of evidence by the Director General? Has the Competition Commission of India (“CCI”) gone overboard by restricting the advocates from sitting “within hearing distance” with their clients during recording of evidence by the Director General (DG)  or CCI designated officers ?…

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TAKATA escapes penalty in EU Antitrust Decision on car safety equipment supplier’s cartel

TAKATA escapes penalty in EU Antitrust Decision on car safety equipment supplier’s cartel The European Commission (“EU/Commission”),in a Press Release dated 5th March 2019 , publishing  its 29th settlement case since the introduction of the settlement procedure for cartels in June 2008, has imposed a total fine of  Euro 368,277,000 on Autoliv and TRW for…

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Supreme Court allows CCI appeal against JCB -permits material seized during dawn raid to be used as evidence

Supreme Court allows CCI appeal against JCB -permits material seized during  dawn raid  to be used as evidence  The Supreme Court vide order dated 15.01.2019 has allowed an appeal preferred by the Competition Commission of India (“CCI”) challenging the order dated 02.06.2016   of the Delhi High Court (DHC) which restrained the Director General of Competition…

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CCI finds no evidence of resale price maintenance by KAFF Appliances

CCI finds no evidence  of resale price maintenance on sale of  KAFF appliances on Snapdeal    The Competition Commission of India (“CCI/Commission”) vide order dated 15.01.2019 under Section 26(6) of the Competition Act, 2002 (“the Act”), has dismissed allegations of Resale Price Maintenance(“RPM”)[1] against Kaff Appliances (India) Pvt. Ltd. ( “KAFF/ OP”).The information was filed by Jasper…

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CCI cedes jurisdiction to SEBI to decide upon complaint of abuse of dominance against National Stock Exchange

CCI cedes jurisdiction to SEBI to decide upon complaint of abuse of dominance against National Stock Exchange             The Competition Commission of India (“CCI/ Commission”), in a surprise turn from its previous position in so many cases before  , has , vide order dated 07.01.2019 , decided not to inquire…

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