Competition & Antitrust, Vaish Associates Advocates updates


Contributed by Vaish Associates Advocates
CCI imposes highest recorded penalty based on profits of hardcore coal-liaisoning cartel
  • India
  • March 22 2018

The Competition Commission of India (CCI) recently exposed a cartel of three top coal-liaisoning companies, holding that in respect of tenders floated for the award of coal-liaisoning contracts, the companies had violated the Competition Act. As the case fell within the category of hardcore cartels, the CCI imposed its highest recorded penalty based on the total profits earned by each company in respect of the tenders.

CCI imposes Rs1.4 billion penalty on Google for abuse of dominant position
  • India
  • March 15 2018

The Competition Commission of India recently imposed a penalty of approximately Rs1.4 billion (approximately $21 million) on Google for abusing its dominant position in the market for "online general web search and web search advertising services" in India. While the $21 million fine imposed may be small for the global technology giant, the ruling has raised hopes for Indian digital start-ups that are feeling the pressure of Google's dominance.

CCI imposes penalty for bid rigging in coal transportation auctions
  • India
  • February 08 2018

The Competition Commission of India recently imposed a penalty of almost Rs120 million on 10 transport companies for bid rigging in regard to coal and sand transportation tenders. It held that identical pricing despite different cost structures, last-minute filing of price bids and the existence of earlier financial dealings between the defendants constituted evidence of a clear understanding to fix prices, which should be treated ipso facto as having an adverse effect on competition.

CCI dismisses claims of abuse of dominant position against state transport company
  • India
  • February 01 2018

The Competition Commission of India has dismissed claims against Uttar Pradesh State Road Transport Corporation for abuse of its dominant position in the market for the procurement of bus chassis in India on the grounds that it holds no dominant position. The court did not assess the claims of abuse after finding that the company has low shares in the market, which comprises numerous competing transport operators.

Nationalised banks exempt from CCI merger approval
  • India
  • January 25 2018

The Ministry of Corporate Affairs recently held that nationalised banks are exempt from the applicability of the merger control regime under the Competition Act. The ministry issued a notification which stipulates that the government – in the interest of the public – will exempt all cases of reconstitution, transfer (wholly or in part) and amalgamation of nationalised banks from the application of Sections 5 and 6 of the act for 10 years.

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