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…
DetailsFollowing its own precedence in the recently decided Britannia Case, the Competition Commission of India (“CCI/Commission”) vide its order dated 06.07.2022 dismissed another similar complaint filed by the same Informant against Parle Products Private Limited (“Parle/OP”) holding that the informant has not been able to demonstrate any exclusionary practice on behalf of Parle which may…
DetailsWho should first decide a dispute relating to unfair terms of business between Multisystem Operator (MSO) and a TV Channel regarding discriminatory discounts by the later? Should it be the Sector regulator, the Telecom Regulatory Authority of India (TRAI) or the Fair Market Watchdog, the Competition Commission of India (CCI)? Should CCI be constrained from…
DetailsTo ensure freedom of trade by all market participants is one of the statutory mandates of the Competition Act, 2002 (the Act) in India and this includes the right of a manufacturer to choose, not only its distributors but also the mode of distribution of its products . This fundamental premise has been reiterated in…
DetailsHere is another blow for the e-commerce giants operating in Indian markets. The fair market watchdog, the Competition Commission of India (“CCI/Commission”), has decided to inquire into the unfair market conditions allegedly prevailing in the market for online booking of movie tickets in India. After directing investigation against MakeMyTrip and OYO , the CCI has…
DetailsCompetition Commission of India (“CCI/Commission”) vide its order dated 09.06.2022, in a Suo Moto case found 7 companies i.e. Polyset Plastics Private Ltd. (OP-1), M/s Anju Techno Industries (OP-2) M/s Power Mould (OP-3), Jai Polypan Private Ltd. (OP-4), M/s Rama Engineering Works (OP-5), M/s Polymer Products of India (OP-6), and M/s Hari Narayan Bihani (OP-7)…
DetailsAt the outset let me apologize to my readers for the long gap as I am still travelling and currently in the beautiful and picturesque State of Oregon, in the Northwest United States of America. I will try to be more regular henceforth! Inspite of India having enacted a modern competition law in sync with…
DetailsThe fair market watchdog , the Competition Commission of India (“CCI/ Commission”) vide its order dated 04.04.2022 , after finding a prima facie case , has finally directed an investigation with respect to some market conducts of online food delivery platforms in India , Zomato and Swiggy, to inquire whether the conducts have resulted in…
DetailsA recent order passed by the fair market regulator, the Competition Commission of India (“Commission/CCI”) in the context of peculiar facts of the case has put me to thinking on the absence of an effective mechanism for enforcement of the ‘cease-and-desist” orders against a rogue trade union which refuses to respond to its notices!! By…
DetailsCCI vide its order dated 20.01.2022 found Nippon Yusen Kabushiki Kaisha (‘NYK Line’/‘OP-1’), Kawasaki Kisen Kaisha Ltd. (‘KLine’/‘OP-2’), Mitsui O.S.K. Lines Ltd. (‘MOL’/‘OP-3’) and Nissan Motor Car Carrier Company (‘NMCC’/‘OP-4’), guilty of cartelization in the provision of maritime motor vehicle transport services to automobile Original Equipment Manufacturers (‘OEMs’) for various overseas trade routes. In the…
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