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…
The Competition Commission of India (CCI), by its order dated January 04, 2016, has closed a case alleging anti-competitive agreements between the four PSU general insurance companies and their association. The Informant is the Association of Third Party Administrators (TPAs) engaged in ensuring that the administration of services in the health insurance market is efficient,…
CCI, by its order dated January 04, 2016 has initiated an investigation against Kamarajar Port Ltd. (the erstwhile Ennore Port) and Chettinad International Coal Terminal Pvt. Ltd. (Chettinad) against alleged abuse of dominant position. The case was filed by an association of Tamil Nadu Power Producers Association (TNPPA). Chettinad is engaged in the procuring terminal…
The recent outbursts of CCI outgoing Chairman, Mr. Ashok Chawla on interventions by the Competition Appellate Tribunal (COMPAT) have started attracting media attention and are being reported periodically. For instance, consider these news –“CCI doesn’t want orders stuck down on technical issues – CCI Chairman Ashok Chawla” and “Entities make concerted attempts to stonewall CCI work: Ashok…
The Competition Appellate Tribunal (COMPAT) vide its recent order dated December 11, 2015, while allowing the appeals of the 10 appellants, has set aside the order of the Competition Commission of India (CCI) dated June 20,2012 against 9 cement manufacturing companies (Lafarge, ACC, Ambuja , Ultratech, India Cements, JK Cements, Madras Cements, Binani Cements, Jaiprakash…
“Determination of correct relevant market is the sine qua non for finding the market position of an enterprise or group. Significantly, the order against Jaypee Group aptly underscores the importance of relevant market towards the outcome of any antitrust litigation”. The Competition Commission of India (CCI)’s latest order dated 26.10.2015, exonerating the Jaypee Associates Ltd.…
COMPAT, by its order dated December 08, 2015 reversed the order of CCI dated April 22, 2015 which closed a case without initiating investigation against the 7 movie producers/distributors engaged in the production/distribution of Hollywood movies. The case was filed by K. Sera Sera Digital Cinema Pvt. Ltd alleging that the 7 opposite parties(OPs) compelled…
“Though the loose standard of proof of preponderance of probability adopted by CCI so far has been repeatedly questioned in the appeals against penalty orders of CCI, two recentdecisions of closure of alleged bid rigging in railway supplies by acceptance of objective justifications by parties isa suresign of a maturing and evolving jurisprudence of the…
On 22 September, 2014, the Director General, Competition Commission of India (“CCI”), conducted its first-ever ‘dawn-raid’ at the premises of M/s JCB India Ltd., an Indian subsidiary of a UK based construction company (“JCB”). According to news reports, the raid was conducted due to JCB’s alleged non cooperation in the process of investigation by the…
Of late, media is abuzz about the ongoing clash between the retail physical markets and online markets (e-tailers). A recent news item in The Financial Express of 16th October, 2014 “Online and offline retailers are on war path at present with the latter accusing e-tailers of resorting to predatory practices to grab a larger share of…
