| The Antitrust Attorney Blog - By MM Sharma

GOOGLE LOSES APPEAL AGAINST CCI’s “ANDROID ORDER” IN INDIA -NCLAT UPHOLDS THE CCI DECISION ON GOOGLE’S ABUSE OF DOMINANCE BUT WITH SOME CAVEATS ON REMEDIES

Google has tasted another setback in India in its fight with the Antitrust regulator, Competition Commission of India (“CCI/Commission”). The appeal filed by Google against the CCI last order dated 20.10.2022 has been dismissed on merits and, except for some reliefs on some of the market correction directions issued by the CCI in its said…

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March 30, 2023 Leave a commentAntitrust, News and EventsBy MM Sharma

Lok Sabha Passes the Competition Amendment Bill, 2022

Lok Sabha , the Lower House of the Indian Parliament on 29.03.2023 passed the much awaited Competition Amendment Bill, 2002 (“the Bill”). The Bill was introduced in the Lok Sabha on 05.08.2022 and was referred to Standing Committee on Finance for examination and report thereon on 17.8.2022. The Standing Committee on Finance (under the chairmanship…

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March 30, 2023 Leave a commentNews and Events, OthersBy MM Sharma

CCI ORDERS SECOND INVESTIGATION AGAINST IREL FOR ABUSE OF DOMINANT POSITION

Competitive neutrality is the bedrock of modern competition law and the Indian Fair market regulator, the Competition Commission of India (“Commission/CCI”) has been following this principle in most cases and has penalized the errant public sector undertaking (PSU) in the past. Following the said trend, vide its order dated 18.10.2022 the Commission has ordered…

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February 6, 2023 Leave a commentAntitrust, News and EventsBy MM Sharma

Google concedes defeat in India? Agrees to change India App store policy after CCI order.

Has Google finally conceded its alleged anti-competitive conduct in India? Or it is a mere delaying tactic to pacify India’s furious Antitrust regulatory regime , which seems to be bent upon teaching Google a lesson or two like those in the European Union and United States . On 25th January 2023, Google announced changes…

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January 29, 2023 Leave a commentAntitrust, News and EventsBy MM Sharma

MSMEs and Competition Law: A way forward

The Micro, Small and Medium Enterprises (MSME) sector is the backbone of any economy and has the potential to generate employment across all sectors of the economy with limited capital and technology. It is estimated that India’s 63 million MSMEs contribute over 30% of India’s GDP and 45% of India’s of exports, while employing around…

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January 19, 2023 Leave a commentOthersBy MM Sharma

CCI PENALIZES MAKEMYTRIP AND OYO FOR ANTI COMPETITIVE PRACTICES- MMT FOR ABUSE OF DOMINANCE FOR WIDE PARITY CLAUSES AND OYO FOR EXCLUSIVITY

So, the “wide parity” clauses in OTA have been banned in India too, finally! The Competition Commission of India (CCI/Commission), vide its order dated 19.10.2022 has , after a detailed investigation and inquiry , held MakeMyTrip India Pvt. Ltd (MMT) guilty of abusing its dominant position in the market for online intermediation services for booking…

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November 22, 2022 Leave a commentAntitrust, News and EventsBy MM Sharma

META /WHATSAPP FACE ANTITRUST PROBE ON ITS NEW DATA PRIVACY POLICY IN INDIA – SUPREME COURT DISMISSES THE SLP AGAINST CCI PRIMA FACIE ORDER OF INVESTIGATION

The winds seem to be blowing against US Big Tech companies in India!! Soon after the humiliating defeat faced by Intel in the Karnataka High Court in August, 2022 whereby the largest Chipmaker lost its challenge to the Antitrust probe ordered by India’s Fair Market watchdog, the Competition Commission of India (CCI/Commission), comes this most…

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October 20, 2022 Leave a commentOthersBy MM Sharma

INTEL SUFFERS HUMILATING DEFEAT IN INDIA -WRIT PETITION CHALLANGING CCI ORDER DIRECTING INVESTIGATION DISMISSED WITH COST OF INR ONE MILLION BY KARNATKA HIGH COURT

I The Karnataka High Court at Bangalore, vide its judgment dated 23 August 2022 came down heavily on Intel Inc. USA and its Indian subsidiary, the Intel Technology India Pvt Ltd. (in short, Intel) for holding the investigation against its India specific warranty policy by dismissing the writ petition filed by Intel with a heavy…

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October 17, 2022 Leave a commentAntitrust, News and EventsBy MM Sharma

Competition (Amendment) Bill, 2022 -Finetuning competition enforcement towards ease of doing business

The Competition (Amendment) Bill, 2022, recently placed before Lok Sabha and referred to the Standing Committee on Finance on 17th August ,2022, attempts to promote the goal of ease of doing business while maintaining strong regulatory oversight on market discipline and competitive markets, the essential pillars of free market economy. The Bill also attempts to…

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September 12, 2022 Leave a commentNews and Events, OthersBy MM Sharma

WhatsApp gets temporary relief – NCLAT upholds the earlier CCI decision against any abuse of dominance by WhatsApp’s data privacy policy

The National Company Law Appellate Tribunal (‘NCLAT’), vide its order dated 2nd August 2022, has upheld the earlier order dated 1st June 2017 of the Competition Commission of India (‘CCI’) where it found that the change in terms of service including the privacy policy of WhatsApp particularly concerning sharing of user data with Facebook (now…

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August 18, 2022 Leave a commentAntitrust, News and EventsBy MM Sharma

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