India Revamps its Merger Control Regime: Introduction of “Deal Value Thresholds”– Fast tracks merger review process On the 9th of September 2024, the Ministry of Corporate Affairs (MCA) , Government of India notified the left-over provisions of the Competition (Amendment) Act, 2023 relating to regulation of combinations[1] (mergers and acquisitions (M&A)] along with three related…
Amazon Inc has been trying to expand its market power as the largest retail chain in India since its entry in this sub-continent in June 2013. But it faces a tough challenge from India’s Reliance Group, which apparently backed by the establishment, is not losing any opportunity to stop Amazon’s expansion in India. The saga…
“Competitive neutrality” meaning creating a level playing field between public and private sector is a bedrock of modern competition laws across the Globe. For instance, in Europe, there are special provisions for scrutiny of “State Aid” in the form of Article 107 of the Treaty on the Functioning of the European Union (TFEU). Unfortunately, while redesigning…
Who 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…
To 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…
A 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…
CCI vide its order dated 14.01.2022 found National Egg Co-ordination Committee (NECC) guilty of violating the provisions of Section 3(3)(a) read with Section 3(1) of the Competition Act, 2002 (“Act”) by its conduct of enforcing/seeking to enforce its declared prices of eggs. Background Two different cases were filed against National Egg Co-ordination Committee: T.R. Chandran…
Will India prove to be the nemesis for the Digital Cab Aggregator Giant Uber? Readers may recall this question , which I raised when reporting in my earlier blog published on 25 November 2019 on Taxi cab aggregator, Uber , lost is first round of litigation in Supreme Court second appeal against NCLAT order directing…
*** This blog has been co-authored by me with Aniket Panchal and Diya Vaishnav, two young students of 2nd Year B.B.A. LL.B. (Hons.) & B.A. LL.B. (Hons.) respectively, at Gujarat National Law University, Gandhinagar. In April 2021, Apple has rolled out a new software update iOS 14.5 through which it seeks to implement a global…
Google’s agreements with Original Equipment Manufacturers (OEMs) of smart TV/mobile manufacturers have invited yet another Antitrust investigation by the Indian Fair Market watchdog, the Competition Commission of India (CCI). The CCI vide its order dated 22 June 2021, has directed an investigation upon finding a prima facie case of abuse of dominance against Google for…
