Competition Appellate Tribunal (COMPAT) sets aside the order of CCI against cement cartel-

The Competition Appellate Tribunal (COMPAT) vide its recent order dated December 11, 2015, while allowing the appeals of the 10 appellants, has set aside the order of the Competition Commission of India (CCI) dated June 20,2012  against 9 cement manufacturing companies (Lafarge,  ACC, Ambuja , Ultratech, India Cements, JK Cements, Madras Cements, Binani Cements, Jaiprakash…

CCI approves combination between Invesco Hong Kong Limited (Invesco HK) and Religare entities

CCI, by its order dated December 22, 2015, has approved the proposed proposed acquisition of shares of Religare Enterprises Limited (REL)in Religare Invesco Asset Management Company Private Limited (RI-AMC) and Religare Invesco Trustee Company Private Limited (RI-TC). The proposed combination relates to the increase in the existing shareholding of the Invesco HK from 49% to…

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…