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…

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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…

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CCI dismisses allegations on WhatsApp and Facebook for abuse of dominance in digital payments market

CCI dismisses allegations on WhatsApp and Facebook for abuse of dominance in digital payments market By way of order dated 18.08.2020, the Competition Commission of India (CCI) has dismissed allegations of abuse of dominance by WhatsApp Inc (“WhatsApp”) and Facebook Inc (“Facebook”) in the market for internet-based messaging application through smartphones to manipulate another market…

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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…

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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…

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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…

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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…

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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…

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