WEBINAR ON EXCLUSIVE CLAUSES IN COMMERCIAL AGREEMENTS: COMPETITION CONCERNS -5TH JUNE 2020

WEBINAR ON EXCLUSIVE CLAUSES IN COMMERCIAL AGREEMENTS: COMPETITION CONCERNS –  5TH JUNE 2020   While continuing to fight the Covid-19 Pandemic and working from home, like most other lawyers in India, knowledge dissemination has proved to be a silver lining. I decided to conduct a series of webinars on antitrust issues of larger importance. I…

Uber and Ola finally win antitrust case -No Hub and Spoke cartel with drivers -NCLAT dismisses appeal on grounds of lack of locus standi

Uber and Ola win antitrust case in India (?) – No Hub and Spoke cartel with drivers -NCLAT dismisses appeal on grounds of lack of locus standi            By way of judgment dated 29.05.2020, the National Company Law Appellate Tribunal (“NCLAT”) has exonerated cab aggregators Ola and Uber from allegations of…

CCI exonerates food aggregator Swiggy from allegations of imposing unfair prices on customers -sans market definition

CCI exonerates food aggregator Swiggy from allegations of imposing unfair prices on customers -sans market definition   By way of order dated 19.06.20, the Competition Commission of India (“CCI/Commission”) has dismissed allegations of imposing unfair prices on customers and thereby abusing its dominant position by Bundl Technologies Pvt. Ltd (“Swiggy”). Background & Allegations Information before…

CCI finds cartel in the domestic industrial and automotive bearings market but no penalty

CCI finds cartel in the domestic industrial and automotive bearings market but no penalty             By way of order dated 05.06.2020, the Competition Commission of India (“CCI/Commission”) has found FAG Bearings India Ltd. (now, Schaeffler India Ltd.). (“Schaeffler), National Engineering Industries Ltd. (“NEI”), SKF India Ltd. (“SKF‟) and Tata Steel…

CCI fails to notice competition concerns in exclusivity granted to only two travel agents for travel bookings by government employees for the second time

CCI fails to notice competition concerns in exclusivity granted to only two travel agents for travel bookings by government employees for the second time       By way of order dated 08.05.2020, the Competition Commission of India (“CCI/Commission”) has dismissed the allegations of exclusivity created by the  Department of Expenditure, Ministry of Finance (“MOF”) in favour…

CCI invites public comments on proposed amendment to non-compete information

CCI invites public comments on proposed amendment to the Combination Regulations omitting requirement of furnishing non-compete information By way of a recent public notice issued by the Competition Commission of India (“Commission/CCI”) on its website, the CCI has invited comments from the public on the proposed amendment to The Competition Commission of India (Procedure in…

CCI finds Alkem and Macleods limiting supplies to stockists under duress of Bengal Chemists Associations and district associations

CCI finds Alkem and Macleods limiting supplies to stockists under duress of Bengal Chemists Associations and district associations         By way of order dated 12.03.2020, the Competition Commission of India (“CCI/Commission”) in three separate cases , has found the Bengal Chemist and Druggist Association (BCDA) , and its District Committees/units  of Murshidabad…

NCLAT dismisses Verifone appeals -upholds CCI finding of abuse of dominance in POS Terminals market

NCLAT dismisses Verifone appeals -upholds CCI finding of abuse of dominance in POS Terminals market   By way of judgement dated 13.03.2020, the National Company Law Appellate Tribunal (“NCLAT”) has upheld two orders dated 10.04.2015 passed by the Competition Commission of India (“CCI/Commission”) holding that Verifone India Sales Pvt. Ltd (“Verifone”) has abused its dominant…