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…

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…

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…

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…

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…

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…

Bombay High Court revives the jurisdictional tussle between CCI and TRAI/TDSAT –again stays CCI order directing investigation against STAR TV for alleged abuse of dominance

Who should first decide a dispute relating to unfair terms of business between Multisystem Operator (MSO) and a TV Channel regarding discriminatory discounts by the later? Should it be the Sector regulator, the Telecom Regulatory Authority of India (TRAI) or the Fair Market Watchdog, the Competition Commission of India (CCI)? Should CCI be constrained from…

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…

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…

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)…