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…

CCI directs Investigation against BookMyShow for allegedly abusing its dominant position through exclusive contracts with Cinemas

Here 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…

Apple faces Antitrust investigation in India for alleged abuse of dominance

So finally, Apple Inc. one of the largest Silicon Valley giants, has also come under lens of India’s evolving Antitrust regime. CCI vide its order dated 31.12.2021 had directed investigation against Apple Inc. upon finding a prima facie case of abuse of dominance against Apple Inc. and Apple Distribution International Limited (ADIL) for alleged imposition…

NON-IMPLEMENTATION OF” AGREEMENT” NOT A DEFENCE FOR CARTELISATION? – CCI HARDENS ITS STANCE – IMPOSES HEFTY PENALTY ON BEER CARTEL – AGAIN IGNORES MARLET CONDITIONS ??

NON-IMPLEMENTATION OF” AGREEMENT” NOT A DEFENCE FOR CARTELISATION?  – CCI HARDENS ITS STANCE – IMPOSES HEFTY PENALTY ON BEER CARTEL – AGAIN IGNORES MARLET CONDITIONS?? Does exchange of price sensitive information between competitors, “forced” upon them by unique market conditions, which does not lead to fixation of sale price of a fast selling product ,…

Google threatens CCI with legal action for media leak -Who is to be blamed??

So, has Google got it wrong this time? Recently, the Delhi High Court has rapped the internet Giant for “threatening” to sue the Fair Market Regulator, the Competition Commission of India (CCI) itself for the “leak” of the confidential investigation report of its investigative arm, the director general, in the media leading to headline stories…

CCI directs investigation against TATA Motors for exclusive distribution agreements and imposing unfair conditions in dealership agreements for commercial vehicles.

The Competition concerns in the automobile industry in India in general and in to vertical auto dealership arrangements between OEMs and their authorised dealers keep on emerging after India’s first landmark  auto / car spare parts case filed by Shamsher Singh Kataria ( Shamsher Singh Kataria Case / auto/car Spare Parts Case) . The ratio…

CCI dismisses allegation of leveraging of dominance for Google Meet Application

CCI dismisses allegation of leveraging of dominance for Google Meet Application The Competition Commission of India (CCI) vide its order dated 29 January 2021 has dismissed an apparently speculative and mischievous information filed by a law student against Google’s alleged leverage of its dominant position in Gmail to protect and promote its market position in…

Uber and Ola finally win antitrust case in India -Supreme Court upholds NCLAT decision -No Hub and Spoke cartel – (but importantly rejects NCLAT decision on lack of locus standi )

The Supreme Court of India vide its judgement dated 15.12. 2020 has upheld the concurrent findings on merits of Competition Commission of India (“CCI/ Commission”) dated 06.11.2018 and the National Company Law Appellate Tribunal (“NCLAT”) order dated 29.05.2020, wherein allegation of use of algorithmic pricing to facilitate price fixing cartel made against taxi aggregators, Ola…