CCI dismisses allegations of abuse of dominance against NTPC -India’s largest energy conglomerate

Though the Order is not final and appealable, CCI in this prima facie order has recognized the sanctity of and has refused to intervene in the long term Power Purchase Agreements (PPA) entered into between prospective generators and their intended customers, normally DISCOMs, even though the PPA may contain some unfair and anti-competitive terms and…

CCI imposes penalty for bid-rigging in coal transportation auctions

The Competition Commission of India (CCI)  vide its order dated September 14, 2017 imposed penalty of almost INR 12 Crore on 10 entities (Opposite Parties/OP)  namely SSV Coal Carriers Pvt. Ltd (OP-1), Bimal Kumar Khandelwal (OP-2), Pravin Transport (OP-3), Khandelwal Transport (OP-4), Khandelwal Earth Movers (OP-5), Khanduja Coal Transport Co. (OP-6), Punya Coal Road Lines…

Central Government exempts nationalized banks and rural banks from CCI approval for mergers etc.

The Government of India , Ministry of Corporate Affairs (“MCA”) has exempted Nationalized Banks from the applicability of the merger control regime under the Competition Act,2002  (Act) . The MCA vide a Gazette notification dated 30.08.2017 ,in exercise of the powers conferred by clause (a) of Section 54 of the Act  , has  exempted, all cases…

CCI dismisses allegations of cartelization against Air Cargo Agents Association of India

The Competition Commission of India (CCI) vide order dated 12.09.2017 has dismissed allegations of cartelization against the Air Cargo Agents Association of India. The Informant, the International Air Transport Association (IATA) is an international non-profit trade association headquartered in Montreal, Canada comprising of 265 member airlines belonging to 118 nations across the globe. It was…

CCI vs TRAI- Turf war begins! -Can and should CCI monopolize knowledge on competition law?

So the regulatory “war” has begun in India in the backdrop of the ongoing tussle between telecom giants to grab the maximum share of the huge market for telecom services, both voice calls and data services. Somewhat like the famous Smartphone Patent wars in Europe and elsewhere (including in India between Eriksson and local manufacturers…

CCI amends Lesser Penalty Regulations

The Competition Commission of India (‘CCI) vide notification dated 22 August, 2017 (‘Amendment’) has amended the Competition Commission of India (Lesser Penalty) Regulations, 2009 (“Leniency Regulations”). The amendments are the first in more than eight years since the introduction of the leniency regime in India. The amendments which incidentally come after a few months since…

CCI rejects predatory pricing allegations against OLA yet again

The Competition Commission of India (CCI) vide its order dated 19.07.2017 has dismissed allegations  of predatory pricing against OLA  (ANI Technologies) made by two Bangalore based radio taxi service providers,  Fast Track (Fast Track Call Cab Ltd.) and Meru (Meru Cab Company Pvt. Ltd) (‘Informants’). The Informants had alleged in 2015 that OLA had abused…

CCI Issues Guidance note on “Non-compete” clause: An Overview

Introduction “Non-compete” obligations are frequently incorporated in M & A transactions to facilitate the effective implementation of a proposed combination. Non-compete obligations enable the Acquirer to secure complete benefit from the transferred assets (including tangible, and intangible assets such as know-how and goodwill). In the case of a joint venture, non-compete obligations prevent the parent…