Competition & Antitrust, Vaish Associates Advocates updates

India

Contributed by Vaish Associates Advocates
Court allows simultaneous proceedings against directors for alleged antitrust violation
  • India
  • 15 August 2019

In December 2018 the division bench of the Delhi High Court reconfirmed an earlier decision and held that simultaneous inquiries could be undertaken into Monsanto and its directors and officers for their alleged violation of the Competition Act 2002. The court also clarified that under Section 27 of the act, penalties could be imposed on the individuals in question based on their Monsanto-derived income.

Supreme Court ends jurisdictional conflict between CCI and TRAI
  • India
  • 08 August 2019

In December 2018 the Supreme Court finally ended the jurisdictional conflict between the Competition Commission of India (CCI) and the Telecom Regulatory Authority of India (TRAI). By invoking the doctrine of harmonious construction, the court balanced the scales and gave the TRAI the power to first determine the rights and obligations of parties, after which – if the TRAI believes that anti-competitive activity has occurred – the CCI's jurisdiction can be invoked.

CCI disagrees with director general's finding that GAIL enforced one-sided clauses in long-term contracts
  • India
  • 01 August 2019

In November 2018 the Competition Commission of India disagreed with the director general's findings and dismissed allegations that GAIL (India) Ltd had imposed unfair and one-sided conditions in its gas supply agreements (GSAs) with seven other companies and thereby abused its dominant position as the sole supplier of regasified liquefied natural gas. The main allegations concerned the take-or-pay liability and letter of credit clauses in the GSAs, which were allegedly one-sided and biased.

CCI exonerates RDCA of anti-competitive conduct in pharmaceutical market
  • India
  • 25 July 2019

The Competition Commission of India (CCI) has dismissed allegations that the Retail and Dispensing Chemists Association limited and controlled the free supply of products by charging the manufacturers of pharmaceutical products for a product information service (PIS). In making its decision, the CCI relied on the order passed in Santuka Associates Pvt Ltd, which found that the decisive factor in determining whether the practice of issuing PIS charges is anti-competitive lies in the nature of the charges.

CCI holds that neither Flipkart nor Amazon is dominant in online marketplace
  • India
  • 18 July 2019

The Competition Commission of India has dismissed allegations that Flipkart India Private Limited and Flipkart Internet Private Limited abused their dominant position. Interestingly, although information was filed against the Flipkart entities, the commission held a preliminary conference with Amazon and concluded that no one player in the market could be said to have a dominant position at this stage of the market's evolution.


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