Supreme Court allows CCI appeal against JCB -permits material seized during dawn raid to be used as evidence

Supreme Court allows CCI appeal against JCB -permits material seized during  dawn raid  to be used as evidence  The Supreme Court vide order dated 15.01.2019 has allowed an appeal preferred by the Competition Commission of India (“CCI”) challenging the order dated 02.06.2016   of the Delhi High Court (DHC) which restrained the Director General of Competition…

CCI imposes penalty on Godrej and Boyce for being a member of bilateral “ancillary” cartel

CCI imposes penalty on Godrej and Boyce for being a member of bilateral “ancillary” cartel   The Competition Commission of India (“CCI/ Commission”) vide order dated 15.01.2019  imposed a penalty of Rs. 85, 01,364/-on Godrej and Boyce manufacturing Co. Limited (“Godrej”) for acting in violation of Section 3(3) read with Section 3(1) of the Competition Act,…

CCI dismisses complaint of Cupid against Ministry of Health & Family Care and the Central Procurement Agency in purchase of male condoms in India

CCI dismisses complaint of Cupid against Ministry of Health & Family Care and the Central Procurement Agency  in purchase of male condoms in India             The Competition Commission of India (“CCI/Commission”) vide order dated 26.12.2018 under Section 26(2) of the Competition Act,2002 (“the Act”) , has dismissed allegations of abuse…

Delhi High Court reiterates its judgment in antitrust proceedings before CCI -rejects Monsanto’s plea – allows CCI to reopen simultaneous proceedings against Directors/Officers for alleged violation of anti-trust laws.

Delhi High Court reiterates its judgment in antitrust proceedings before CCI -rejects Monsanto’s plea – allows CCI to reopen simultaneous proceedings against Directors/Officers for alleged violation of anti-trust laws.   The Division Bench (DB) of the Delhi High Court comprising of the Chief Justice Rajendra Menon and Justice V K Rao  in a recent judgement…

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…

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 Further amends combination regulations -minority acquisitions left untouched

CCI Further amends combination regulations -minority acquisitions left untouched The Competition Commission of India (‘CCI’) by way of a notification dated 09 October 2018 (“Notification”) has further amended the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 (‘Combination Regulations’). Fortunately, based on strong opposition received from…

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…