India Revamps its Merger Control Regime: Introduction of “Deal Value Thresholds”– Fast tracks merger review process On the 9th of September 2024, the Ministry of Corporate Affairs (MCA) , Government of India notified the left-over provisions of the Competition (Amendment) Act, 2023 relating to regulation of combinations[1] (mergers and acquisitions (M&A)] along with three related…
Apologies’ for the long gap ! As per an exclusive recent media report by Reuters , the Indian Antitrust Regulator, the Competition Commission of India (CCI) has found U.S. e-commerce giant Amazon (AMZN.O) , opens new tab and Walmart’s (WMT.N), opens new tab Flipkart violated local competition laws by giving preference to select sellers on their shopping websites. The…
India joins the western bandwagon in initiating an ex ante regulation of the large digital platforms , the so called “Big Tech”. The Draft Digital Competition Bill, 2023 , has been published by the Indian Ministry of Corporate Affairs (MCA) on 12th March, 2024 and the MCA has invited stakeholders views for public consultation before…
India’s fair market watchdog, Competition Commission of India (“CCI”), after due consultations, has finally notified the “leniency plus” mechanism to further strengthen cartel detecting framework in India. CCI, in exercise of its powers underpowers conferred by sub- section (1) and clauses (ga),(gb) and (gc) of sub-section (2) of section 64, read with section 46 and…
Amazon Inc has been trying to expand its market power as the largest retail chain in India since its entry in this sub-continent in June 2013. But it faces a tough challenge from India’s Reliance Group, which apparently backed by the establishment, is not losing any opportunity to stop Amazon’s expansion in India. The saga…
In a significant legal development, the division bench of the Madras High Court (MHC) vide its judgment dated 19th January 2024, upholding the judgment pronounced by the single bench of the same High Court on 3rd August 2023 , held that the High Court lacks jurisdiction on the original side to admit a civil suit…
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…
