The Competition Commission of India (‘CCI’) on a complaint filed by Mohan Meakin Ltd. has directed yet another investigation into alleged unfair market practices leading to abuse of dominant position by GAIL (India) Ltd. (‘GAIL’), vide its latest order dated 17.07.2017. This order is the third order in a series of recent orders…
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…
Much has been written about the recent exemption granted by the Government of India, Ministry of Corporate Affairs vide Notification dated 29 June, 2017 (‘Notification’) exempting parties to a “combination” that is mergers and acquisitions, amalgamations between parties having their assets or turnover beyond the prescribed thresholds , from notifying the Competition Commission of India…
The Competition Commission of India (CCI) has passed its first Order dated 14.6.2017 against the anti-competition practice of Resale Price Maintenance (RPM) by Hyundai Motors India Ltd. (HMIL/Hyundai). CCI has imposed the penalty of Rs. 87 Crores on Hyundai. The penalty also covers the violation of “tie-in” arrangements between Hyundai and its dealers for recommending engine…
CCI vide its recent order dated June 01, 2017 has closed an allegation of abuse of dominant position against popular message service WhatsApp. The complaint against WhatsApp was filed by an individual Vinod Kumar Gupta on behalf of a NGO “Fight for Transparency Society”. As per the complainant, WhatsApp was acquired by Facebook Inc. (“Facebook”)…
Sometime in July 2016, I happened to speak in a conference on Public Procurement organized by the ASSOCHAM, on competition issues in public procurement. In the Q&A session, instances of repeated violation of basic competition principles such as award of contract on competitive bidding to many PSUs by the Central Government were highlighted. After…
Competition Appellate Tribunal (COMPAT), New Delhi, in a landmark Order dated 15th November, 2016, while allowing the appeal filed by the Air Cargo Agents Association of India (ACAAI) has set aside the order of the Competition Commission of India (CCI) dismissing allegations of fixing rate of commission payable to cargo agents by airlines, limiting and…
COMPAT by its order dated August 16, 2016 has upheld order of CCI whereby it declined to order an investigation into the allegations of abuse of dominance by Vodafone India for levying exorbitant charges for international roaming plan. The information was filed in CCI by Mr. Vishwambhar Marutirao Doiphode alleging that Vodafone India was in…
COMPAT by its order dated May 10, 2016 has set-aside the order of CCI in so far as it had held that Alkem Laboratories Limited (Alkem) for violation of Section 3(1) of the Act and had imposed a penalty of INR 74 crores. Pursuant to the case by the Informant (Mr P K Krishnan, Proprietor,…
On 24 May 2016, the UK Competition and Markets Authority (CMA) announced that a commercial refrigerator supplier had agreed to pay a fine for infringing EU and UK competition law by imposing Internet Minimum Advertised Price restrictions. It had also threatened its dealers with sanctions if they advertised below that minimum price .These are well-established…
