The Competition Commission of India (CCI) recently found the Container Trailer Owners Coordination Committee and its four participating associations guilty of anti-competitive conduct for imposing a turn system which had led to unilaterally fixed prices. However, the CCI held that certain mitigating circumstances existed in favour of the defendants and therefore imposed no penalty on them. Instead, it merely directed them to desist from indulging in such anti-competitive conduct in future.
Over the past decade, the Japan Fair Trade Commission (JFTC) has made progressive efforts to revise its enforcement practice and procedures in order to align itself more closely with international standards. As part of its modernisation process, the JFTC is gradually adopting other regulators' assessment tools. It is also considering introducing a new penalty calculation system to provide it with more flexibility and discretion in setting fines in return for companies' cooperation.
There is a debate in competition law at present concerning whether a company can restrict online sales for their products. Under New Zealand competition law, a supplier restricting its customers from selling on online platforms could be penalised if, among other things, it has market power and imposes restrictions to take advantage of that market power for an anti-competitive purpose. However, legitimate and pro-competitive justifications can be relevant in assessing the legality of such restrictions.