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”) […]

ALLEGED ABUSE OF DOMINANT POSITION BY COAL INDIA LIMITED- AN ANALYSIS OF THE VARIOUS ORDERS

Dhruv Chadha[1] Introduction Coal India Limited, along with its various subsidiaries, has faced a number of proceedings in the Competition Commission of India (‘CCI’), as a result of alleged abuse of dominant position. These proceedings have been under various batches of informations. This article will attempt to summarise these proceeding and analyse the reasoning used […]

SETTLING THE ‘TURNOVER’ FOR PENALTY IMPOSITION – A STEP IN THE RIGHT DIRECTION

– Gajendra Bhansali[1] Nearly a couple of months after the ruling in Coordination Committee,[2] the Supreme Court (“SC”) in a landmark judgement,[3] has clarified a crucial issue in competition enforcement by shedding light on the quantum of penalty that can be imposed by the Competition Commission of India (“CCI”) for an anti-competitive agreement, upholding the […]

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 […]