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 again refrains from imposing penalty in a bid rigging cartel for supply of composite brake blocks to Indian Railways due to COVID 19

CCI again refrains from imposing penalty in a bid rigging cartel for supply of composite brake blocks to Indian Railways due to COVID 19     By way of order dated 10 July 2020, the Competition Commission of India (“CCI/Commission”) found 10 suppliers of different types of Composite Brake Blocks (CBBs) to Indian Railways having…

NCLAT redefines limitation in filing competition appeals

NCLAT redefines limitation in filing competition appeals   By way of judgement dated 29 May 2020, the Hon’ble National Company Law Appellate Tribunal (“NCLAT”) has dismissed an appeal against order dated 28 November 2017 passed by the Competition Commission of India (“CCI/Commission”) in favour of NIIT Limited (“NIIT”) primarily on the ground that the time…

WEBINAR ON EXCLUSIVE CLAUSES IN COMMERCIAL AGREEMENTS: COMPETITION CONCERNS -5TH JUNE 2020

WEBINAR ON EXCLUSIVE CLAUSES IN COMMERCIAL AGREEMENTS: COMPETITION CONCERNS –  5TH JUNE 2020   While continuing to fight the Covid-19 Pandemic and working from home, like most other lawyers in India, knowledge dissemination has proved to be a silver lining. I decided to conduct a series of webinars on antitrust issues of larger importance. I…

Uber and Ola finally win antitrust case -No Hub and Spoke cartel with drivers -NCLAT dismisses appeal on grounds of lack of locus standi

Uber and Ola win antitrust case in India (?) – No Hub and Spoke cartel with drivers -NCLAT dismisses appeal on grounds of lack of locus standi            By way of judgment dated 29.05.2020, the National Company Law Appellate Tribunal (“NCLAT”) has exonerated cab aggregators Ola and Uber from allegations of…

CCI exonerates food aggregator Swiggy from allegations of imposing unfair prices on customers -sans market definition

CCI exonerates food aggregator Swiggy from allegations of imposing unfair prices on customers -sans market definition   By way of order dated 19.06.20, the Competition Commission of India (“CCI/Commission”) has dismissed allegations of imposing unfair prices on customers and thereby abusing its dominant position by Bundl Technologies Pvt. Ltd (“Swiggy”). Background & Allegations Information before…

CCI finds cartel in the domestic industrial and automotive bearings market but no penalty

CCI finds cartel in the domestic industrial and automotive bearings market but no penalty             By way of order dated 05.06.2020, the Competition Commission of India (“CCI/Commission”) has found FAG Bearings India Ltd. (now, Schaeffler India Ltd.). (“Schaeffler), National Engineering Industries Ltd. (“NEI”), SKF India Ltd. (“SKF‟) and Tata Steel…

CCI fails to notice competition concerns in exclusivity granted to only two travel agents for travel bookings by government employees for the second time

CCI fails to notice competition concerns in exclusivity granted to only two travel agents for travel bookings by government employees for the second time       By way of order dated 08.05.2020, the Competition Commission of India (“CCI/Commission”) has dismissed the allegations of exclusivity created by the  Department of Expenditure, Ministry of Finance (“MOF”) in favour…

“Green Channel”– automatic approval route for certain combinations- A Primer

CCI-“Green Channel”–automatic approval route for certain combinations- A Primer While all other regulatory functions of the fair trade regulator, the Competition Commission of India (CCI) remain suspended during the ongoing national lock-down due to COVID 19 pandemic , the “green channel”route is still available to the corporates . I provide a brief introduction on the origin and…