CCI imposes penalty on chemists and druggist associations in Madhya Pradesh and two pharmaceutical companies

CCI imposes penalty on chemists and druggist associations in Madhya Pradesh and two pharmaceutical companies The Competition Commission of India (“CCI”) by way of an order dated 03 June 2019 has imposed penalty on Madhya Pradesh Chemists and Druggist Association (“MPCDA”) and Indore Chemists Association (“ICA”)  (collectively ‘chemists and druggist associations’), as well as two pharmaceutical companies,…

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India : Prior competition clearance in Insolvency Resolution Process now mandatory – step towards “ease of doing business”

India : Prior competition clearance in Insolvency Resolution Process now mandatory – step towards “ease of doing business”  The enactment of the Insolvency and Bankruptcy Code, 2016 (IBC) has been often cited as one of the key economic reform of the present government . Undoubtedly the new enactment resulted in large corporate entities queuing up…

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CCI dismisses allegations of refusal to deal by chemists in West Bengal -closes case against Cipla and Macleods and Bengal Chemists & Druggists Association at prima facie stage

CCI dismisses allegations of refusal to deal by chemists in West Bengal -closes case against  Cipla and Macleods and Bengal Chemists & Druggists Association at prima facie stage Competition Commission of India (“CCI/Commission”), by way of two separate orders dated 10.05.2019 and 23.05.2019, has exonerated Bengal Chemist and Druggist Association (“BCDA”) (in both cases) and…

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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…

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CCI dismisses complaint of bid rigging by Eastern Railways against Laxven and Medha Servo in procurement of Microprocessor systems

CCI dismisses complaint of bid rigging by Eastern Railways against Laxven and Medha Servo in procurement of Microprocessor systems     By way of its order dated 02.01.2019, the Competition Commission of India (“CCI/Commission) has exonerated M/s Laxven Systems (“Laxven”) and M/s Medha Servo Drives Pvt. Ltd (“Medha”) of allegations of bid rigging in the…

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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…

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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…

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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,…

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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…

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CCI imposes penalty on Godrej and Boyce for being a member of bilateral “ancillary” cartel

CCI imposes penalty on Godrej and Boyce for being a member of bilateral “ancillary” cartel   The Competition Commission of India (“CCI/ Commission”) vide order dated 15.01.2019  imposed a penalty of Rs. 85, 01,364/-on Godrej and Boyce manufacturing Co. Limited (“Godrej”) for acting in violation of Section 3(3) read with Section 3(1) of the Competition Act,…

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