Competition Commission of India (CCI) to investigate global hybrid seeds giant Monsanto for abuse of dominance in relation to alleged excessive and discriminatory royalties for Bt cotton seeds-

Comment- This CCI order raises an important issue which places the manner of enforcement of intellectual property rights in India vis-à-vis the competition law under question. The CCI order gives a prima facie impression as if the CCI is entering into the domain of fixation of royalties for sub-licensing of Bt. cotton seed patents, but…

COMPAT upholds order of CCI closing bid-rigging case against railway suppliers of Axle Mounted Disk Braking System (ADBMS)-

Competition Appellate Tribunal (COMPAT) by its order dated February 17, 2016 has upheld the order of CCI closing the case for bid-rigging for supply of  Axle Mounted Disk Braking System (ADBMS) to Indian Railways. In the instant  case, the investigation related to quoting of identical prices in three emergency purchase tenders by the opposite parties, M/s…

Beware Pharmaceutical Companies- CCI penalizes Alkem Laboratories Ltd. (ALKEM) for bowing down to pressure of All Kerala Chemists and Druggists Association by stopping supplies to a local chemist

The CCI, vide its recent order dated December 1, 2015, has penalized All Kerala Chemists and Druggists Association(AKCDA) and Alkem Laboratories Limited(ALKEM) for limiting and controlling the supply of medicines in Kerala. The Informant Mr. P. K. Krishnan Proprietor, Vinayaka Pharma, runs a pharmaceutical distribution store in Palakkad, Kerala. It was alleged that Alkem refused to…

COMPAT sets-aside penalty imposed on Himachal Pradesh Chemist & Druggist Alliance (HPCDA) on account of failure to observe principles of natural justice during investigation by the DG

COMPAT, by its order dated January 13, 2016, has set-aside the penalty imposed by the CCI on HPCDA and ordered re-investigation into allegations of cartelisation by the HPCDA. The case was filed by Rohit Medical Store against HPCDA alleging that pharmaceutical companies were not appointing stockists in the absence of NOC from HPCDA, charging of…

German Federal Cartel Office (FCO) prohibits the “best value” provisions of Booking.com

In December 2015 the Bundeskartellamt (FCO) prohibited booking.Com Deutschland GmbH from making use of its “best price” clauses and ordered the inn reserving portal to delete the clauses from its contracts and general terms and stipulations latest by 31 January 2016. Under the said provisos, inns were obliged to constantly offer Booking.com their most minimal…

Competition Commission of India (CCI) closes case against General Insurance Public Sector Undertakings and their association for alleged cartelization

The Competition Commission of India (CCI), by its order dated January 04, 2016, has closed a case alleging anti-competitive agreements between the four PSU general insurance companies and their association. The Informant is the Association of Third Party Administrators (TPAs) engaged in ensuring that the administration of services in the health insurance market is efficient,…

CCI to investigate the Chettinad International Coal Terminal Pvt. Ltd. and Kamarajar Port Ltd. for alleged abuse of dominance

CCI, by its order dated January 04, 2016 has initiated an investigation against Kamarajar Port Ltd. (the erstwhile Ennore Port) and Chettinad International Coal Terminal Pvt. Ltd. (Chettinad) against alleged abuse of dominant position. The case was filed by an association of Tamil Nadu Power Producers Association (TNPPA). Chettinad is engaged in the procuring terminal…

CCI Chairman upset with judicial interventions into competition matters

The recent outbursts of CCI outgoing Chairman, Mr. Ashok Chawla on interventions by the Competition Appellate Tribunal (COMPAT) have started attracting  media attention and are being reported periodically. For instance, consider these news –“CCI doesn’t want orders stuck down on technical issues – CCI Chairman Ashok Chawla” and “Entities make concerted attempts to stonewall CCI work: Ashok…