CCI vs TRAI- Turf war begins! -Can and should CCI monopolize knowledge on competition law?

So the regulatory “war” has begun in India in the backdrop of the ongoing tussle between telecom giants to grab the maximum share of the huge market for telecom services, both voice calls and data services. Somewhat like the famous Smartphone Patent wars in Europe and elsewhere (including in India between Eriksson and local manufacturers…

CCI amends Lesser Penalty Regulations

The Competition Commission of India (‘CCI) vide notification dated 22 August, 2017 (‘Amendment’) has amended the Competition Commission of India (Lesser Penalty) Regulations, 2009 (“Leniency Regulations”). The amendments are the first in more than eight years since the introduction of the leniency regime in India. The amendments which incidentally come after a few months since…

CCI rejects predatory pricing allegations against OLA yet again

The Competition Commission of India (CCI) vide its order dated 19.07.2017 has dismissed allegations  of predatory pricing against OLA  (ANI Technologies) made by two Bangalore based radio taxi service providers,  Fast Track (Fast Track Call Cab Ltd.) and Meru (Meru Cab Company Pvt. Ltd) (‘Informants’). The Informants had alleged in 2015 that OLA had abused…

CCI Issues Guidance note on “Non-compete” clause: An Overview

Introduction “Non-compete” obligations are frequently incorporated in M & A transactions to facilitate the effective implementation of a proposed combination. Non-compete obligations enable the Acquirer to secure complete benefit from the transferred assets (including tangible, and intangible assets such as know-how and goodwill). In the case of a joint venture, non-compete obligations prevent the parent…

Indian Merger Control-exemption from 30 day filing deadline to CCI- Will it lead to reduction in “Gun jumping” cases ?

Much has been written about the recent exemption granted by the Government of India, Ministry of Corporate Affairs vide Notification dated 29 June, 2017 (‘Notification’)  exempting  parties to a “combination” that is mergers and acquisitions, amalgamations between parties having their assets or turnover beyond the prescribed thresholds , from notifying the Competition Commission of India…

CCI Penalizes Hyundai Motors for RPM and Tie-in arrangement

The Competition Commission of India (CCI) has passed its first Order dated 14.6.2017 against the anti-competition practice of Resale Price Maintenance (RPM) by Hyundai Motors India Ltd. (HMIL/Hyundai). CCI has imposed the penalty of Rs. 87 Crores on Hyundai. The penalty also covers the violation of “tie-in” arrangements between Hyundai and its dealers for recommending engine…

PWO SCAM IN MAKING? ARE PUBLIC WORKS ORGANISATIONS IMMUNE FROM COMPETITION LAW?

  Sometime in July 2016, I happened to speak in a conference on Public Procurement organized by the ASSOCHAM, on competition issues in public procurement. In the Q&A session, instances of repeated violation of basic competition principles such as award of contract on competitive bidding to many PSUs by the Central Government were highlighted. After…

COMPAT quashes CCI order dismissing allegations of cartelisation and abuse of dominance against International Air Transport Association (IATA) and IATA- India.

Competition Appellate Tribunal (COMPAT), New Delhi, in a landmark Order dated 15th November, 2016, while allowing the appeal filed by the Air Cargo Agents Association of India (ACAAI) has set aside the order of the Competition Commission of India (CCI) dismissing allegations of fixing rate of commission payable to cargo agents by airlines, limiting and…