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 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 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…

“Role of Courts in competition law enforcement in India” -MM Sharma speaks in the 1st UCL South Asian Competition Law Conference held in London on 6th November,2018.

“Role of Courts in competition law enforcement in India” -MM Sharma speaks in the 1st UCL South Asian Competition Law Conference held in London on 6th November,2018.   I was invited by the University College of London (UCL) , Faculty of Law  at its 1st UCL South Asian Competition Law Conference, 2018  held on 6th…

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 introduces the concept of relevant period in market definition-DLF no longer found to be in dominant position in Gurgaon

CCI introduces the concept of relevant period in market definition-DLF no longer found to be in dominant position in Gurgaon   The Competition Commission of India vide two separate orders dated 31.08.2018 in Case no. 73/2014 and Case no. 84/2014 issued under Section 26(6) of the Competition Act,2002, has dismissed the allegations of abuse of…