India, Vaish Associates Advocates updates

Competition & Antitrust

Contributed by Vaish Associates Advocates
CCI penalises MRI machine manufacturer, but chair disagrees with market definition
  • India
  • 20 June 2019

The Competition Commission of India (CCI) recently imposed a penalty on Italian company Esaote SpA – a world leader in dedicated magnetic resonance imaging (MRI) – and its Indian subsidiary. According to the CCI's order, the Esaote group had abused its dominant position in the market through its sale of dedicated standing/tilting MRI machines to the informant. However, the CCI chair disagreed with the relevant market adopted by the majority of the commission.

CCI grants first-ever 100% penalty reduction
  • India
  • 02 May 2019

The Competition Commission of India (CCI) recently awarded Panasonic Energy India Co Ltd the first-ever 100% penalty reduction in a leniency decision. In making its decision, the CCI observed that the investigation had been initiated based on information provided by Panasonic and that its cooperation had been essential for establishing a contravention of the Competition Act. Thus, the information provided by Panasonic was deemed to have added significant value to the investigation.

CCI issues third-ever leniency decision
  • India
  • 25 April 2019

In its third-ever leniency decision, the Competition Commission of India (CCI) granted a penalty reduction to four of the six leniency applicants. The allegations in the case concerned bid rigging in five tenders floated by the Pune Municipal Corporation in 2014 for the establishment of solid waste processing plants. The CCI found that all six of the opposing parties had participated in bid rigging or collusive bidding in contravention of the Competition Act.

Supreme Court clears air on determination of relevant market in Section 3 cases
  • India
  • 18 April 2019

The Supreme Court recently clarified that the determination of the relevant market is not a mandatory pre-condition for assessing an alleged violation of Section 3 of the Competition Act. In its application, the Competition Commission of India argued that the Supreme Court had previously given the impression that the relevant market must be determined in all cases concerning Section 3 of the act.

Supreme Court limits NCLAT's appellate jurisdiction
  • India
  • 11 April 2019

The Supreme Court recently set aside a National Company Law Tribunal order and restored the appeal which had been dismissed thereby. The appeal concerned a stay order which the Competition Commission of India had granted subject to the appellant paying a sum equal to 10% of the total penalty. In its landmark ruling, the court confirmed that the right to appeal envisioned by the Competition Act cannot be restricted by the requirement that a pre-deposit be paid.

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