Delhi High Court settles constitutional challenges to the Competition Act, 2002- refuses to grant substantive relief to Car makers -sends them back to NCLAT for deciding on merits

Delhi High Court settles constitutional challenges to the Competition Act, 2002- refuses to grant substantive relief to Car makers -sends them back to NCLAT for deciding on merits. The High Court of Delhi by its common judgement dated 10.04.2019, has disposed of 12 Writ petitions filed by 10  noted car manufacturers ( BMW, MERCEDES BENZ,…

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Has CCI diminished the right of effective legal assistance and representation by advocates during recording of evidence by the Director General?

Has CCI diminished  the right of effective legal assistance and representation by advocates during recording of evidence by the Director General? Has the Competition Commission of India (“CCI”) gone overboard by restricting the advocates from sitting “within hearing distance” with their clients during recording of evidence by the Director General (DG)  or CCI designated officers ?…

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Supreme Court allows CCI appeal against JCB -permits material seized during dawn raid to be used as evidence

Supreme Court allows CCI appeal against JCB -permits material seized during  dawn raid  to be used as evidence  The Supreme Court vide order dated 15.01.2019 has allowed an appeal preferred by the Competition Commission of India (“CCI”) challenging the order dated 02.06.2016   of the Delhi High Court (DHC) which restrained the Director General of Competition…

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CCI finds no evidence of resale price maintenance by KAFF Appliances

CCI finds no evidence  of resale price maintenance on sale of  KAFF appliances on Snapdeal    The Competition Commission of India (“CCI/Commission”) vide order dated 15.01.2019 under Section 26(6) of the Competition Act, 2002 (“the Act”), has dismissed allegations of Resale Price Maintenance(“RPM”)[1] against Kaff Appliances (India) Pvt. Ltd. ( “KAFF/ OP”).The information was filed by Jasper…

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CCI cedes jurisdiction to SEBI to decide upon complaint of abuse of dominance against National Stock Exchange

CCI cedes jurisdiction to SEBI to decide upon complaint of abuse of dominance against National Stock Exchange             The Competition Commission of India (“CCI/ Commission”), in a surprise turn from its previous position in so many cases before  , has , vide order dated 07.01.2019 , decided not to inquire…

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CCI imposes penalty on Godrej and Boyce for being a member of bilateral “ancillary” cartel

CCI imposes penalty on Godrej and Boyce for being a member of bilateral “ancillary” cartel   The Competition Commission of India (“CCI/ Commission”) vide order dated 15.01.2019  imposed a penalty of Rs. 85, 01,364/-on Godrej and Boyce manufacturing Co. Limited (“Godrej”) for acting in violation of Section 3(3) read with Section 3(1) of the Competition Act,…

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CCI dismisses complaint of Cupid against Ministry of Health & Family Care and the Central Procurement Agency in purchase of male condoms in India

CCI dismisses complaint of Cupid against Ministry of Health & Family Care and the Central Procurement Agency  in purchase of male condoms in India             The Competition Commission of India (“CCI/Commission”) vide order dated 26.12.2018 under Section 26(2) of the Competition Act,2002 (“the Act”) , has dismissed allegations of abuse…

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Delhi High Court reiterates its judgment in antitrust proceedings before CCI -rejects Monsanto’s plea – allows CCI to reopen simultaneous proceedings against Directors/Officers for alleged violation of anti-trust laws.

Delhi High Court reiterates its judgment in antitrust proceedings before CCI -rejects Monsanto’s plea – allows CCI to reopen simultaneous proceedings against Directors/Officers for alleged violation of anti-trust laws.   The Division Bench (DB) of the Delhi High Court comprising of the Chief Justice Rajendra Menon and Justice V K Rao  in a recent judgement…

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CCI widens the scope of investigation into unfair pricing by private hospitals in Delhi – based on current investigation against Max Super Specialty Hospital for overcharging for consumables through In house pharmacy

CCI widens the scope of investigation into unfair pricing by private hospitals in Delhi – based on current investigation against Max Super Specialty Hospital for overcharging for consumables through In house pharmacy   The Competition Commission of India (“CCI/Commission”) vide order dated 31.08.2018 has directed further investigation by the Director General (“DG”) into allegations of…

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Supreme Court dismisses CCI & Reliance Jio’s appeals-upholds TRAI’s jurisdiction to decide upon technical issues with Bharti Airtel, Vodafone, Idea

Supreme Court dismisses CCI & Reliance Jio’s appeals- upholds TRAI’s jurisdiction to decide upon technical issues with  Bharti Airtel, Vodafone, Idea -finds a middle path and resolves CCI vs. sector regulators’ conundrum-postpones CCI scrutiny into any possible collusion The Supreme Court of India, by a recent  judgement dated 5th December 2018, while dismissing the appeals…

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