CCI widens the scope of investigation into unfair pricing by private hospitals in Delhi – based on current investigation against Max Super Specialty Hospital for overcharging for consumables through In house pharmacy

CCI widens the scope of investigation into unfair pricing by private hospitals in Delhi – based on current investigation against Max Super Specialty Hospital for overcharging for consumables through In house pharmacy   The Competition Commission of India (“CCI/Commission”) vide order dated 31.08.2018 has directed further investigation by the Director General (“DG”) into allegations of…

Supreme Court dismisses CCI & Reliance Jio’s appeals-upholds TRAI’s jurisdiction to decide upon technical issues with Bharti Airtel, Vodafone, Idea

Supreme Court dismisses CCI & Reliance Jio’s appeals- upholds TRAI’s jurisdiction to decide upon technical issues with  Bharti Airtel, Vodafone, Idea -finds a middle path and resolves CCI vs. sector regulators’ conundrum-postpones CCI scrutiny into any possible collusion The Supreme Court of India, by a recent  judgement dated 5th December 2018, while dismissing the appeals…

CCI finds no abuse of dominance by GAIL in enforcing one-sided clauses in long-term supply contracts for natural Gas market , disagrees third time with DG findings in recent times

CCI finds no abuse of dominance by GAIL in enforcing  one-sided clauses in long-term supply contracts for natural Gas market , disagrees third time with DG findings The Competition Commission of India (CCI/Commission) vide its order dated 08.11.2018 exonerated GAIL (India) Ltd (Opposite Party/OP) from allegations of imposing  seven unfair and one sided conditions in…

CCI exonerates RDCA of anti-competitive conduct in pharmaceutical market- disagrees again with findings of the DG

CCI exonerates RDCA of anti-competitive conduct in pharmaceutical market- disagrees again with findings of the DG   The Competition Commission of India (“CCI”) vide its order dated 08.11.2018 exonerated Retail and dispensing Chemists Association, located in Mumbai (“RDCA/OP”) dismissing allegations of limiting and controlling free supply of products by charging Product information service (“PIS”) from…

CCI holds discussion on price increase amongst competitors ,without actual implementation , no cartel – dilutes standard of proof in cartel case- Holds no cartel amongst flashlight makers

CCI holds “mere”  discussion on price increase amongst competitors ,without actual implementation ,  no cartel – dilutes standard of proof in cartel case- Holds no cartel amongst flashlight makers despite leniency applications     The Competition Commission of India (‘CCI/Commission”) in a significant shift from its earlier tough stand on cartels has held that mere discussion…

Supreme Court of India 2nd landmark judgment on cartels in India –dismisses legalistic findings of CCI and COMPAT of bid rigging in tender floated by IOCL for LPG Cylinders- based on market conditions

Supreme Court of India delivers 2nd landmark judgment on cartels in India –dismisses legalistic findings of CCI and COMPAT of bid rigging in tender floated by IOCL for LPG Cylinders- based on market conditions   The Supreme Court of India (“Court”) vide its landmark judgment  dated 1.10.2018  has allowed the appeals by the 44 LPG…

CCI penalizes Italian MRI machine manufacturer for abusing dominance in sale of specialized MRI G Scan machines to domestic diagnostic Center – Chairman CCI dissents on market definition

CCI penalizes Italian MRI machine manufacturer for abusing dominance in sale of specialized MRI G Scan machines to domestic diagnostic Center – Chairman CCI dissents on market definition.    The Competition Commission of India (CCI/Commission) vide its order dated 27.09.2018 has imposed penalty on Italian world leader in dedicated Magnetic Resonance Imaging (MRI), Esaote S.p.A…

A Type 2 error? NCLAT quashes CCI order punishing Hyundai for Resale Price Maintenance and Tying-in

A Type 2 error? NCLAT quashes CCI order punishing Hyundai for Resale Price Maintenance and Tying-in. The National Company Appellate Tribunal (“NCLAT/Tribunal ”) , in one of its few orders passed on appeals filed before it under the  Competition Act ,2002 (“the Act” ) , vide order dated 19.08.2018 , has set aside the  Competition…

CCI penalizes sugar mills in UP, Gujarat and AP for cartelizing in supply of ethanol to OMCs under the Ethanol Blending Programme-ignores market realities

CCI penalizes sugar mills in UP, Gujarat and AP for cartelizing in supply of ethanol to OMCs under the Ethanol Blending Programme-ignores market realities! The Competition Commission of India (CCI/Commission) vide order dated 18.09.2018 under Section-27 of the Competition Act, 2002 (the Act) has imposed heavy monetary penalties at 7% of their average relevant turnover…