Competition Commission of India (CCI) to investigate global hybrid seeds giant Monsanto for abuse of dominance in relation to alleged excessive and discriminatory royalties for Bt cotton seeds-

Comment- This CCI order raises an important issue which places the manner of enforcement of intellectual property rights in India vis-à-vis the competition law under question. The CCI order gives a prima facie impression as if the CCI is entering into the domain of fixation of royalties for sub-licensing of Bt. cotton seed patents, but…

Leave a commentAntitrust, News and Events

Central Government notifies revised thresholds for Merger Control and extends Exemptions

The Ministry of Corporate Affairs, Govt. of India has made important revisions to the merger control regime in India. The following three Notifications were published in the Gazette of India on March 4, 2016. THRESHOLDS FOR NOTIFICATION REVISED– Through the first Notification, the Central Government has increased thresholds, both assets and turnover, for any transaction…

Leave a commentMergers, News and Events

COMPAT upholds order of CCI closing bid-rigging case against railway suppliers of Axle Mounted Disk Braking System (ADBMS)-

Competition Appellate Tribunal (COMPAT) by its order dated February 17, 2016 has upheld the order of CCI closing the case for bid-rigging for supply of  Axle Mounted Disk Braking System (ADBMS) to Indian Railways. In the instant  case, the investigation related to quoting of identical prices in three emergency purchase tenders by the opposite parties, M/s…

Leave a commentAntitrust, News and Events

CCI approves acquisition of 49.86% stake in Sabarmati Gas Limited(SGL) by PSU petroleum companies –

CCI, by its order dated February 10, 2016, has approved acquisition of 49.86% stake in SGL by Gujarat State Petroleum Corporation Limited (“GSPC”); Gujarat State Petronet Limited (“GSPL”); and Bharat Petroleum Corporation Limited (“BPCL”).The stake proposed to be acquired in currently being held by India Infrastructure Development Fund (“IIDF”), India Infrastructure Fund (“IIF”) and IFCI…

Leave a commentMergers, News and Events

Beware Pharmaceutical Companies- CCI penalizes Alkem Laboratories Ltd. (ALKEM) for bowing down to pressure of All Kerala Chemists and Druggists Association by stopping supplies to a local chemist

The CCI, vide its recent order dated December 1, 2015, has penalized All Kerala Chemists and Druggists Association(AKCDA) and Alkem Laboratories Limited(ALKEM) for limiting and controlling the supply of medicines in Kerala. The Informant Mr. P. K. Krishnan Proprietor, Vinayaka Pharma, runs a pharmaceutical distribution store in Palakkad, Kerala. It was alleged that Alkem refused to…

Antitrust, News and Events

COMPAT sets-aside penalty imposed on Himachal Pradesh Chemist & Druggist Alliance (HPCDA) on account of failure to observe principles of natural justice during investigation by the DG

COMPAT, by its order dated January 13, 2016, has set-aside the penalty imposed by the CCI on HPCDA and ordered re-investigation into allegations of cartelisation by the HPCDA. The case was filed by Rohit Medical Store against HPCDA alleging that pharmaceutical companies were not appointing stockists in the absence of NOC from HPCDA, charging of…

Leave a commentAntitrust, News and Events

German Federal Cartel Office (FCO) prohibits the “best value” provisions of Booking.com

In December 2015 the Bundeskartellamt (FCO) prohibited booking.Com Deutschland GmbH from making use of its “best price” clauses and ordered the inn reserving portal to delete the clauses from its contracts and general terms and stipulations latest by 31 January 2016. Under the said provisos, inns were obliged to constantly offer Booking.com their most minimal…

Leave a commentAntitrust, News and Events, Others