Competition Commission clearance in Insolvency Resolution Process in India – Do the acquirers have a choice? The enactment of the Insolvency and Bankruptcy Code, 2016 (IBC) in India has resulted in large corporate entities queuing up to acquire distressed companies and their assets, put on block following initiation of IBC proceedings. Acquisition of a corporate…
So the regulatory “war” has begun in India in the backdrop of the ongoing tussle between telecom giants to grab the maximum share of the huge market for telecom services, both voice calls and data services. Somewhat like the famous Smartphone Patent wars in Europe and elsewhere (including in India between Eriksson and local manufacturers…
The Ministry of Corporate Affairs, through a Gazette notification dated March 27, 2017 has modified the method of calculation of assets and turnover for the purposes of filing of notice in cases of acquisition or acquiring control of or merger or amalgamation of a portion of an enterprise or division or business for the purpose…
CCI by its order dated March 14, 2017 has initiated an investigation against Mahyco Monsanto Group for abuse of dominance in relation to sub-license agreements through which Bt. technology is sub-licensed to the seed manufacturing companies in India; charging unfair trait value; limiting scientific development relating to Bt.cotton technology as well as Bt.cotton seeds and…
CCI by its order dated January 19, 2017 has imposed a penalty for bid-rigging on 7 cement manufacturers, viz. Shree Cement Limited, Ultratech Cement Limited, Jaiprakash Associates Limited, J.K. Cement Limited, Ambuja Cements Limited, ACC Limited, and J.K. Lakshmi Cement Limited (collectively referred to as “Opposite Parties”/”OPs”). In the reference made by the DGS&D, it…
CCI by its order dated January 18, 2017 decided its first leniency application in favour of a cartel member by reducing the fine imposed by 75% on the cartel member. LENIENCY PROVISIONS: MEANING AND PURPOSE Its fair knowledge that trade cartels – such as those meant to fix prices or limit production – are conducted…
CCI by its order dated January 12, 2017 has initiated an investigation against Delhi Development Authority for abuse of dominant position in relation to delayed allotment of flats in the Middle Income Group category under the Rohini Residential Plot Scheme, 1981. In a case filed by the Mr. Sudarshan Kumar Kapur, it was alleged that…
COMPAT by its order dated December 09, 2016 has upheld the order of CCI whereby it held that Coal India Limited and Western Coalfields Limited were acting independently of the market forces and enjoy undisputed dominance in the relevant market of production and supply of non- coking coal to thermal producers in India and thereby,…
COMPAT vide order dated December 09, 2016 has upheld CCI order dated July 10, 2015 passed under section 27 of the Act against Public Sector Insurance Companies for bid-rigging while reducing the penalty from Rs. 671 Crores to Rs. 2 Crores calculated as per the relevant turnover of the product in question. On the issue…
In an important and path breaking order the Competition Appellate Tribunal (COMPAT) vide order dated December 9, 2016 has upheld the earlier order dated August 25, 2014 passed by the Competition Commission of India (CCI), whereby it has held that Ford India Pvt. Ltd, Nissan Motor India Pvt. Ltd and Toyota Kirloskar Motor Pvt. Ltd…
