India, Vaish Associates Advocates updates

Competition & Antitrust

Contributed by Vaish Associates Advocates
High court settles constitutional challenges to Competition Act
  • India
  • 26 September 2019

In April 2019 the Delhi High Court disposed of 12 writ petitions filed by 10 car manufacturers and India's largest music label and movie studio. The writ petitions had challenged the main provisions of the Competition Act 2002 and were filed against a common order passed by the Competition Commission of India, which had found that 14 car manufacturers had been dominant in their respective markets and abused this dominance by preventing the establishment of an aftermarket in India.

Supreme Court permits material seized during dawn raid to be used as evidence
  • India
  • 19 September 2019

On 15 January 2019 the Supreme Court allowed the Competition Commission of India's (CCI's) appeal against a Delhi High Court order which had prohibited the CCI director general from acting on the evidence seized during a dawn raid of 19 September 2014. The dawn raid in question was the first to be conducted by the director general and formed part of the investigation into JCB India Limited's alleged abuse of its dominant position.

CCI finds no evidence of resale price maintenance in sale of Kaff appliances on Snapdeal
  • India
  • 12 September 2019

The Competition Commission of India (CCI) has dismissed allegations of resale price maintenance against Kaff Appliances (India) Pvt Ltd under Section 26(6) of the Competition Act 2002. The CCI noted that it could not conclusively establish that the evidence (ie, an email, a caution notice and a legal notice) had been used as instruments to impose a resale price maintenance on the informant. Further, the presence of many competing dealers suggested a fair degree of intra-brand competition.

CCI penalises Godrej for role in bilateral ancillary cartel
  • India
  • 05 September 2019

In January 2019 the Competition Commission of India imposed a penalty of Rs85,01,364 on Godrej & Boyce Manufacturing Co Ltd for its role in a bilateral ancillary cartel, which violated Section 3(3) read with Section 3(1) of the Competition Act. Godrej's role in the cartel had been revealed via a leniency application filed by Panasonic Corporation, Japan on behalf of itself and its Indian subsidiary.

CCI cedes jurisdiction to decide abuse of dominance complaint against NSE
  • India
  • 29 August 2019

The Competition Commission of India (CCI) recently decided not to investigate allegations that the National Stock Exchange had abused its dominant position due to a potential jurisdictional conflict with the Securities Exchange Board of India. This decision was a surprise turn from the CCI's earlier position and is likely to have been influenced by a Supreme Court judgment which warned the CCI against deciding technical issues relating to the terms of a licence granted by the Telecom Regulatory Authority of India.


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