In a significant legal development, the division bench of the Madras High Court (MHC) vide its judgment dated 19th January 2024, upholding the judgment pronounced by the single bench of the same High Court on 3rd August 2023 , held that the High Court lacks jurisdiction on the original side to admit a civil suit…
“Competitive neutrality” meaning creating a level playing field between public and private sector is a bedrock of modern competition laws across the Globe. For instance, in Europe, there are special provisions for scrutiny of “State Aid” in the form of Article 107 of the Treaty on the Functioning of the European Union (TFEU). Unfortunately, while redesigning…
Google has tasted another setback in India in its fight with the Antitrust regulator, Competition Commission of India (“CCI/Commission”). The appeal filed by Google against the CCI last order dated 20.10.2022 has been dismissed on merits and, except for some reliefs on some of the market correction directions issued by the CCI in its said…
Competitive neutrality is the bedrock of modern competition law and the Indian Fair market regulator, the Competition Commission of India (“Commission/CCI”) has been following this principle in most cases and has penalized the errant public sector undertaking (PSU) in the past. Following the said trend, vide its order dated 18.10.2022 the Commission has ordered…
Has Google finally conceded its alleged anti-competitive conduct in India? Or it is a mere delaying tactic to pacify India’s furious Antitrust regulatory regime , which seems to be bent upon teaching Google a lesson or two like those in the European Union and United States . On 25th January 2023, Google announced changes…
I The Karnataka High Court at Bangalore, vide its judgment dated 23 August 2022 came down heavily on Intel Inc. USA and its Indian subsidiary, the Intel Technology India Pvt Ltd. (in short, Intel) for holding the investigation against its India specific warranty policy by dismissing the writ petition filed by Intel with a heavy…
The National Company Law Appellate Tribunal (‘NCLAT’), vide its order dated 2nd August 2022, has upheld the earlier order dated 1st June 2017 of the Competition Commission of India (‘CCI’) where it found that the change in terms of service including the privacy policy of WhatsApp particularly concerning sharing of user data with Facebook (now…
Who should first decide a dispute relating to unfair terms of business between Multisystem Operator (MSO) and a TV Channel regarding discriminatory discounts by the later? Should it be the Sector regulator, the Telecom Regulatory Authority of India (TRAI) or the Fair Market Watchdog, the Competition Commission of India (CCI)? Should CCI be constrained from…
Here is another blow for the e-commerce giants operating in Indian markets. The fair market watchdog, the Competition Commission of India (“CCI/Commission”), has decided to inquire into the unfair market conditions allegedly prevailing in the market for online booking of movie tickets in India. After directing investigation against MakeMyTrip and OYO , the CCI has…
At the outset let me apologize to my readers for the long gap as I am still travelling and currently in the beautiful and picturesque State of Oregon, in the Northwest United States of America. I will try to be more regular henceforth! Inspite of India having enacted a modern competition law in sync with…
