CCI finds no case of abuse of dominance against Oriental Insurance Company for lack of market power

CCI finds no case of abuse of dominance against Oriental Insurance Company for lack of market power   The Competition Commission of India (“CCI/Commission”) by  way of order dated 10.05.2019, has  exonerated Oriental Insurance Company Limited (“Oriental”) against allegations of abuse of dominant position in the market for provision of fire insurance services. Background The information was…

CCI holds neither Flipkart nor Amazon as dominant in the market for online marketplace platforms- Hints at considering online market as a separate market for market analysis

CCI holds neither Flipkart nor Amazon as dominant in the market for online marketplace platforms- Hints at considering online market as a separate market for market analysis   CCI, by way of order dated 06.11.2018 has dismissed allegations against Flipkart India Private Limited (“Flipkart India”) and Flipkart Internet Private Limited (“Flipkart Internet”) of abusing its…

CCI fails to appreciate a new market concept; exonerates Sana Realtors of abuse of dominance in real estate market

CCI fails to appreciate a new market concept; exonerates Sana Realtors of abuse of dominance in real estate market   The Competition Commission of India (“CCI/Commission”) vide its order dated 23.04.2019 exonerated M/s Sana Realtors Private Limited (“Sana Realtors”) against allegations of abuse of dominant position in the real estate market. Background- SOHO market? It was…

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,…

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…

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…

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…

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…

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…

CCI finds no abuse of dominance by GAIL in enforcing one-sided clauses in long-term supply contracts for natural Gas market , disagrees third time with DG findings in recent times

CCI finds no abuse of dominance by GAIL in enforcing  one-sided clauses in long-term supply contracts for natural Gas market , disagrees third time with DG findings The Competition Commission of India (CCI/Commission) vide its order dated 08.11.2018 exonerated GAIL (India) Ltd (Opposite Party/OP) from allegations of imposing  seven unfair and one sided conditions in…