Competition & Antitrust, Vaish Associates Advocates updates

India

Contributed by Vaish Associates Advocates
Government dilutes competitive neutrality: oil and gas companies exempt from CCI merger control
  • India
  • June 07 2018

Continuing its slew of exemptions, the Ministry of Corporate Affairs has exempted all public sector oil and gas companies (created under the Petroleum Act 1934) from pre-merger scrutiny by the Competition Commission of India under Sections 5 and 6 of the Competition Act 2002. The exemption – which will be valid for five years from the date of the official Gazette notification – also extends to all wholly or partly owned subsidiaries of such companies.

CCI finds prima facie case of abuse of dominance by Haryana Urban Development Authority
  • India
  • May 31 2018

In 2017 the Competition Commission of India (CCI) found a prima facie case of abuse of a dominant position by the Haryana Urban Development Authority and sent the case to the director general for further investigation. Despite the Haryana Urban Development Authority Act and Regulations being the governing law in the case, the CCI opined that it would have jurisdiction to examine the matter in order to establish any anti-competitive conduct or practice under the Competition Act.

CCI re-imposes penalty of Rs522.4 million on BCCI for abuse of dominance
  • India
  • May 24 2018

The Competition Commission of India (CCI) has re-imposed a penalty of Rs522.4 million on the Board of Control for Cricket in India (BCCI) for abuse of its dominant position in the market. The BCCI argued that it is a not-for-profit organisation established to promote cricket in India and does not engage in any kind of commercial activity with the aim of profiting. However, the CCI held that despite there being no profit motive, the BCCI should be considered an enterprise under the Competition Act.

CCI to investigate Star India for alleged abuse of dominance and price discrimination
  • India
  • May 17 2018

The Competition Commission of India recently initiated an investigation into Star India Pvt Ltd for an alleged violation of the Competition Act 2002 following claims filed by a private multi-system operator (MSO) engaged in cable TV distribution in the state of Kerala. The claimant alleged that Star India had engaged in anti-competitive behaviour and abused its dominant position by charging excessive licence fees compared with the fees that it had charged the claimant's competitors and other Kerala MSOs.

CCI issues cease and desist order to Indian film associations following anti-competitive conduct
  • India
  • May 10 2018

The Competition Commission of India has directed the All India Film Employee Confederation and various regional associations to cease and desist anti-competitive conduct, including suspending work and boycotting film directors who engage artists from outside the associations. The order establishes the importance of maintaining competition in the marketplace even in matters concerning workers' rights, which are otherwise protected under the respective labour statutes.


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