CCI introduces Leniency “Plus” regime in India- Will it suffice?

India’s fair market watchdog, Competition Commission of India (“CCI”), after due consultations, has finally notified the “leniency plus” mechanism to further strengthen cartel detecting framework in India. CCI, in exercise of its powers underpowers conferred by sub- section (1) and clauses (ga),(gb) and (gc) of sub-section (2) of section 64, read with section 46 and…

Google Vs. App developers – Madras High Court refuses to intervene in the terms of Google’s Play Billing System on technical grounds

In a significant legal development, the division bench of the Madras High Court (MHC) vide its judgment dated 19th January 2024, upholding the judgment pronounced by the single bench of the same High Court on 3rd August 2023 ,  held that the High Court lacks jurisdiction on the original side to admit a civil suit…

Debate on SEP under FRAND terms revive in India -Ericsson wins the second round before Delhi High Court -Smartphone patent wars continue in India.

The Division Bench of the Delhi High Court, vide its judgment dated July 13, 2023 in  Telefonaktiebolaget Lm Ericsson (PUBL) vs. CCI  has revived the old debate for jurisdictional issue between the Controller of Patents  and the Fair Market Watchdog, the Competition Commission of India (CCI)  for determination of the FRAND terms for grant of…

GOOGLE LOSES APPEAL AGAINST CCI’s “ANDROID ORDER” IN INDIA -NCLAT UPHOLDS THE CCI DECISION ON GOOGLE’S ABUSE OF DOMINANCE BUT WITH SOME CAVEATS ON REMEDIES

Google has tasted another setback in India in its fight with the Antitrust regulator, Competition Commission of India (“CCI/Commission”). The appeal filed by Google against the CCI last order dated 20.10.2022 has been dismissed on merits and, except for some reliefs on some of the market correction directions issued by the CCI in its said…

CCI ORDERS SECOND INVESTIGATION AGAINST IREL FOR ABUSE OF DOMINANT POSITION

Competitive neutrality is the bedrock of modern competition law and the Indian Fair market regulator, the Competition Commission of India (“Commission/CCI”) has been following this principle in most cases and has penalized the errant public sector undertaking (PSU) in the past.   Following the said trend, vide its order dated 18.10.2022 the Commission has ordered…

CCI PENALIZES MAKEMYTRIP AND OYO FOR ANTI COMPETITIVE PRACTICES- MMT FOR ABUSE OF DOMINANCE FOR WIDE PARITY CLAUSES AND OYO FOR EXCLUSIVITY

So, the “wide parity” clauses in OTA have been banned in India too, finally! The Competition Commission of India (CCI/Commission), vide its order dated 19.10.2022   has , after a detailed  investigation and inquiry , held  MakeMyTrip India Pvt. Ltd (MMT) guilty of abusing its dominant position in the market for online intermediation services for booking…

INTEL SUFFERS HUMILATING DEFEAT IN INDIA -WRIT PETITION CHALLANGING CCI ORDER DIRECTING INVESTIGATION DISMISSED WITH COST OF INR ONE MILLION BY KARNATKA HIGH COURT

I The Karnataka High Court at Bangalore, vide its judgment dated 23 August 2022 came down heavily on Intel Inc. USA and its Indian subsidiary, the Intel Technology India Pvt Ltd. (in short, Intel) for holding the investigation against its India specific warranty policy by dismissing  the writ petition filed by Intel with a heavy…