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…
“Competitive neutrality” meaning creating a level playing field between public and private sector is a bedrock of modern competition laws across the Globe. For instance, in Europe, there are special provisions for scrutiny of “State Aid” in the form of Article 107 of the Treaty on the Functioning of the European Union (TFEU). Unfortunately, while redesigning…
The Government of India, Ministry of Corporate Affairs, vide gazette notification, S.O. 2228(E), dated 18th May 2023, has enforced the following important Sections/provisions of the Competition (Amendment) Act, 2023 with effect from 18 May 2023. SECTION OF THE MAIN COMPETITION ACT, 2002 TITLE DESCRIPTION 2 Definitions Commitment, Enterprise, Party, Relevant Product Market. 3 Anti-competitive agreements…
In a significant development , after the Lok Sabha ( Lower house of Indian Parliament ) passed the Competition (Amendment) Bill 2023 on 29.March 2023 , the Bill was passed by the Rajya Sabha ( upper house ) on 03 April ,2023 and after receiving the Presidential assent on 11 April 2023 , has been…
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…
Lok Sabha , the Lower House of the Indian Parliament on 29.03.2023 passed the much awaited Competition Amendment Bill, 2002 (“the Bill”). The Bill was introduced in the Lok Sabha on 05.08.2022 and was referred to Standing Committee on Finance for examination and report thereon on 17.8.2022. The Standing Committee on Finance (under the chairmanship…
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…
Has Google finally conceded its alleged anti-competitive conduct in India? Or it is a mere delaying tactic to pacify India’s furious Antitrust regulatory regime , which seems to be bent upon teaching Google a lesson or two like those in the European Union and United States . On 25th January 2023, Google announced changes…
The Micro, Small and Medium Enterprises (MSME) sector is the backbone of any economy and has the potential to generate employment across all sectors of the economy with limited capital and technology. It is estimated that India’s 63 million MSMEs contribute over 30% of India’s GDP and 45% of India’s of exports, while employing around…
