Amendment in Leniency Regulations

– Shivam Garg* The Competition Commission of India (“CCI“) recently on August 22, 2017 released a notification to amend Competition Commission of India (Lesser Penalty) Regulations, 2009 (“Lesser Penalty Regulation”) to promote whistle blow in cases of cartels by providing immunities at the same time. The penalties prescribed under Section 27 of the Competition Act, 2002 (“Act”) […]

ARBITRATION OF COMPETITION LAW DISPUTES IN INDIA

-Shivam Garg* Introduction The position of arbitrability of competition matter is still unclear in India, unlike USA where in Mitsubishi Motors Corp v. Soler Chrysler Plymouth[1] and in EU[2]  in case of Eco Swiss China Time Ltd. v. Benetton Int’l N.V[3] where the courts have held that antitrust issues can be submitted to arbitration in […]

CHANGE IN SCOPE OF DE MINIMIS EXCEPTION AND FILING NORMS FOR MERGERS AND AMALGAMATION

-Shivam Garg* Introduction The honorable CCI has been conferred power to regulate combinations. The power is also extra territorial in nature.[1] The Ministry of Corporate Affair released a notification[2] dated 4th March, 2016[3], which was recently rescinded by another Notification[4] dated 27th March, 2017. The notification has changed the method of calculation of assets and […]

CHANGING TIMES OF TELECOM INDUSTRY: THE RISE OF RELIANCE JIO

-Anushka Kadiresan[1] & Sakshi Malhotra[2] The Indian Telecom sector has witnessed tremendous change after the entry of Reliance Jio (RJio) in the market. On September 1, 2016, Reliance Industries Limited (RIL) chairman and managing director Mr. Mukesh Ambani announced that Reliance Jio (RJio) customers will never be charged for mobile telephony and they will have […]

NO MORE PENALTY! PENALTY ALREADY IMPOSED FOR SAME PERIOD ASHUTOSH BHARDWAJ VS DLF AND ORS., ORDER DATED 04/01/2017

-Shivam Garg [i] Introduction The case[ii], deals with Abuse of Dominant Position by DLF and its subsidiaries in Residential Real Estate Sector in Gurugram Region. Section 4 of the Competition Act discusses the same, which provides that there shall be an abuse of dominant position “if an enterprise or a group directly or indirectly imposes […]

Dominant Position a precondition to Predatory Pricing: Tough to catch the Predator

-MadhurimaGadre[1] Introduction Predatory pricing under the Competition Act, 2002 (‘Act’)is dealt by Section 4 titled “Abuse of Dominant Position”. According to Section 4, “predatory price” means the sale of goods or provision of services, at a price which is below the cost, as may be determined by regulations, of production of the goods or provision […]

THE INTERSECTION BETWEEN COMPETITION LAW AND INTELLECTUAL PROPERTY

– Dhruv Chadha[i] Introduction The integration between Intellectual Property Rights and Competition Law has been historically noted. The UN General Assembly in the year 1980 adopted a resolution called the  “Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices”. Some of the Rules dealt with the prevention of anti-competitive […]