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…

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…

CCI penalizes Karnataka Film Chamber of Commerce for restricting releases of dubbed movies in Karnataka.

CCI penalizes Karnataka Film Chamber of Commerce (KFCC), Film Star Jagesh and Mr. Sa. Ra. Govindu (President of KFCC) for restricting releases of dubbed movies in Karnataka.   The Competition Commission of India ( CCI/Commission)  vide order dated 30.08.2018 imposed penalty of  Rs. 9,72 ,943/- on Karnataka Film Chamber of Commerce (KFFC) for acting in…

CCI imposes penalty on Geep Industries for being a member of bilateral “ancillary” cartel

CCI imposes penalty on Geep Industries for being a member of bilateral “ancillary” cartel The Competition Commission of India vide order dated 30/08/18 imposed a penalty of Rs.9,64 06,682 on Geep Industries (India) Private limited for acting in violation of Section 3(3) read with Section 3(1) of the Competition Act, 2002. The case was initiated…

CCI imposes penalties on the Chemists’ Associations in State of Gujarat and three pharma companies for indulging in practice of “No Objection Certificate” before appointment of stockists

CCI imposes penalties on the Chemists’ Associations in State of Gujarat and three pharma companies for indulging in practice of “No Objection Certificate” before appointment of stockists The Competition Commission of India (“CCI”) by way of an order dated 12 July 2018 has imposed penalty on the Federation of Gujarat State Chemists and Druggists Association,…