WEBINAR ON “Impact of Competition law on Pharmaceutical & Healthcare Sectors in India”

WEBINAR ON “Impact of Competition law on Pharmaceutical & Healthcare Sectors in India”     In October 2018, The Competition Commission of India (CCI) issued a Policy Note on the Pharmacy and Healthcare sector outlining the state of competition in these crucial sectors. The Policy Note highlights, amongst others, the specific Issue of “Vertical arrangements…

India : Prior competition clearance in Insolvency Resolution Process now mandatory – step towards “ease of doing business”

India : Prior competition clearance in Insolvency Resolution Process now mandatory – step towards “ease of doing business”  The enactment of the Insolvency and Bankruptcy Code, 2016 (IBC) has been often cited as one of the key economic reform of the present government . Undoubtedly the new enactment resulted in large corporate entities queuing up…

CCI dismisses allegations of refusal to deal by chemists in West Bengal -closes case against Cipla and Macleods and Bengal Chemists & Druggists Association at prima facie stage

CCI dismisses allegations of refusal to deal by chemists in West Bengal -closes case against  Cipla and Macleods and Bengal Chemists & Druggists Association at prima facie stage Competition Commission of India (“CCI/Commission”), by way of two separate orders dated 10.05.2019 and 23.05.2019, has exonerated Bengal Chemist and Druggist Association (“BCDA”) (in both cases) and…

CCI finds no case of abuse of dominance against Oriental Insurance Company for lack of market power

CCI finds no case of abuse of dominance against Oriental Insurance Company for lack of market power   The Competition Commission of India (“CCI/Commission”) by  way of order dated 10.05.2019, has  exonerated Oriental Insurance Company Limited (“Oriental”) against allegations of abuse of dominant position in the market for provision of fire insurance services. Background The information was…

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)…

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 ?…

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…

Competition clearance in Insolvency Resolution Process in India – Do the acquirers have a choice?

Competition Commission clearance in Insolvency Resolution Process in India – Do the acquirers have a choice? The enactment of the Insolvency and Bankruptcy Code, 2016 (IBC) in India has resulted in large corporate entities queuing up to acquire distressed companies and their assets, put on block following initiation of IBC proceedings. Acquisition of a corporate…