Supreme Court of India reaffirms competitive neutrality principle -holds that Government Companies are not outside the preview of the Competition Act

“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…

Bombay High Court revives the jurisdictional tussle between CCI and TRAI/TDSAT –again stays CCI order directing investigation against STAR TV for alleged abuse of dominance

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…

CCI acknowledges manufacturer’s right to select distributors -dismisses the allegations of refusal to deal by online distribution platform against Britannia

To ensure freedom of trade by all market participants is one of the statutory mandates of the Competition Act, 2002 (the Act) in India and this includes the right of a manufacturer to choose, not only its distributors but also the mode of distribution of its products . This fundamental premise has been reiterated in…

Can CCI enforce its directions against a rogue trade union? Dumper Truck Union in Rajasthan challenges the powers of CCI by openly destroying level playing field among transporters in Rajasthan

A recent order passed by the fair market regulator, the Competition Commission of India (“Commission/CCI”) in the context of peculiar facts of the case has put me to thinking on the absence of an effective mechanism for enforcement of the ‘cease-and-desist” orders against a rogue trade union which refuses to respond to its notices!! By…

CCI directs National Egg Co-ordination Committee to stop dictating egg prices

CCI vide its order dated 14.01.2022 found National Egg Co-ordination Committee (NECC)  guilty of violating the provisions of Section 3(3)(a) read with Section 3(1) of the Competition Act, 2002 (“Act”) by its conduct of enforcing/seeking to enforce its declared prices of eggs. Background Two different cases were filed against National Egg Co-ordination Committee: T.R. Chandran…

IS APPLE REALLY A WHITE KNIGHT OF PRIVACY – APPLE’S NEW APP TRACKING POLICY – ENHANCING COMPETITION OR ABUSING DOMINANCE? ***

*** This blog has been co-authored by me with Aniket Panchal and Diya Vaishnav, two young students of 2nd Year B.B.A. LL.B. (Hons.) & B.A. LL.B. (Hons.) respectively, at Gujarat National Law University, Gandhinagar. In April 2021, Apple has rolled out a new software update iOS 14.5 through which it seeks to implement a global…

CCI ORDERS ANOTHER INVESTIGATION AGAINST GOOGLE FOR AGREEMENTS WITH OEMs OF SMART TVs

Google’s agreements with Original Equipment Manufacturers (OEMs) of smart TV/mobile manufacturers have invited yet another Antitrust investigation by the Indian Fair Market watchdog, the Competition Commission of India (CCI). The CCI vide its order dated  22 June 2021, has directed an investigation upon finding a prima facie case of abuse of dominance against Google for…