META /WHATSAPP FACE ANTITRUST PROBE ON ITS NEW DATA PRIVACY POLICY IN INDIA – SUPREME COURT DISMISSES THE SLP AGAINST CCI PRIMA FACIE ORDER OF INVESTIGATION

The winds seem to be blowing against US Big Tech companies in India!! Soon after the humiliating defeat faced by Intel in the Karnataka High Court in August, 2022 whereby the largest Chipmaker lost its challenge to the Antitrust probe ordered by India’s Fair Market watchdog, the Competition Commission of India (CCI/Commission), comes this most…

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Competition (Amendment) Bill, 2022 -Finetuning competition enforcement towards ease of doing business

The Competition (Amendment) Bill, 2022, recently placed before Lok Sabha and referred to the Standing Committee on Finance on 17th August ,2022, attempts to promote the goal of ease of doing business while maintaining strong regulatory oversight on market discipline and competitive markets, the essential pillars of free market economy. The Bill also attempts to…

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WhatsApp gets temporary relief – NCLAT upholds the earlier CCI decision against any abuse of dominance by WhatsApp’s data privacy policy

The National Company Law Appellate Tribunal (‘NCLAT’), vide its order dated 2nd August 2022, has upheld the earlier order dated 1st June 2017  of the Competition Commission of India (‘CCI’) where it found that the change in terms of service including the privacy policy of WhatsApp particularly concerning sharing of user data with Facebook (now…

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CCI MAINTAINS ITS STAND ON THE RIGHT OF THE MANUFACTURER TO APPOINT ITS DISTRIBUTORS-CLOSES ANOTHER CASE AGAINST PARLE

Following its own precedence in the recently decided Britannia Case, the Competition Commission of India (“CCI/Commission”) vide its order dated 06.07.2022 dismissed another similar complaint filed by the same Informant against  Parle Products Private Limited (“Parle/OP”) holding that the informant has not been able to demonstrate any exclusionary practice on behalf of Parle which may…

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CCI acknowledges manufacturer’s right to select distributors -dismisses the allegations of refusal to deal by online distribution platform against Britannia

To ensure freedom of trade by all market participants is one of the statutory mandates of the Competition Act, 2002 (the Act) in India and this includes the right of a manufacturer to choose, not only its distributors but also the mode of distribution of its products . This fundamental premise has been reiterated in…

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CCI directs Investigation against BookMyShow for allegedly abusing its dominant position through exclusive contracts with Cinemas

Here is another blow for the e-commerce giants operating in Indian markets. The fair market watchdog, the Competition Commission of India (“CCI/Commission”), has decided to inquire into the unfair market conditions allegedly prevailing in the market for online booking of movie tickets in India. After directing investigation against MakeMyTrip and OYO , the CCI has…

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CCI busts cartel of seven suppliers of polyacetal protective tubes for axle to Indian Railways through leniency route

Competition Commission of India (“CCI/Commission”) vide its order dated 09.06.2022, in a Suo Moto case found 7 companies i.e. Polyset Plastics Private Ltd. (OP-1), M/s Anju Techno Industries (OP-2) M/s Power Mould (OP-3), Jai Polypan Private Ltd. (OP-4), M/s Rama Engineering Works (OP-5), M/s Polymer Products of India (OP-6), and M/s Hari Narayan Bihani (OP-7)…

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Can CCI enforce its directions against a rogue trade union? Dumper Truck Union in Rajasthan challenges the powers of CCI by openly destroying level playing field among transporters in Rajasthan

A recent order passed by the fair market regulator, the Competition Commission of India (“Commission/CCI”) in the context of peculiar facts of the case has put me to thinking on the absence of an effective mechanism for enforcement of the ‘cease-and-desist” orders against a rogue trade union which refuses to respond to its notices!! By…

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CCI directs National Egg Co-ordination Committee to stop dictating egg prices

CCI vide its order dated 14.01.2022 found National Egg Co-ordination Committee (NECC)  guilty of violating the provisions of Section 3(3)(a) read with Section 3(1) of the Competition Act, 2002 (“Act”) by its conduct of enforcing/seeking to enforce its declared prices of eggs. Background Two different cases were filed against National Egg Co-ordination Committee: T.R. Chandran…

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