Delhi High Court settles constitutional challenges to the Competition Act, 2002- refuses to grant substantive relief to Car makers -sends them back to NCLAT for deciding on merits

Delhi High Court settles constitutional challenges to the Competition Act, 2002- refuses to grant substantive relief to Car makers -sends them back to NCLAT for deciding on merits. The High Court of Delhi by its common judgement dated 10.04.2019, has disposed of 12 Writ petitions filed by 10  noted car manufacturers ( BMW, MERCEDES BENZ,…

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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…

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CCI cedes jurisdiction to SEBI to decide upon complaint of abuse of dominance against National Stock Exchange

CCI cedes jurisdiction to SEBI to decide upon complaint of abuse of dominance against National Stock Exchange             The Competition Commission of India (“CCI/ Commission”), in a surprise turn from its previous position in so many cases before  , has , vide order dated 07.01.2019 , decided not to inquire…

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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,…

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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…

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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…

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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…

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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…

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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…

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“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…

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