Clear all

Refine your search

Tags
Author
Jurisdiction

187 results found

Commentary
Ask Lexy

Vaish Associates Advocates | India | 28 Nov 2019

CCI fines JDMDA for imposing PIS charges on pharma companies

The Competition Commission of India (CCI) recently imposed a Rs80,185 fine on the Jalgaon District Medicine Dealers Association for collecting product information service (PIS) charges from pharma product manufacturers, thereby restricting medicine supplies in the market. Although this order is one in a series imposed by the CCI on chemist and druggist associations, it is the first to impose......
Commentary
Ask Lexy

Vaish Associates Advocates | India | 26 Sep 2019

High court settles constitutional challenges to Competition Act

In April 2019 the Delhi High Court disposed of 12 writ petitions filed by 10 car manufacturers and India's largest music label and movie studio. The writ petitions had challenged the main provisions of the Competition Act 2002 and were filed against a common order passed by the Competition Commission of India, which had found that 14 car manufacturers had been dominant in their respective......
Commentary
Ask Lexy

Vaish Associates Advocates | India | 19 Sep 2019

Supreme Court permits material seized during dawn raid to be used as evidence

On 15 January 2019 the Supreme Court allowed the Competition Commission of India's (CCI's) appeal against a Delhi High Court order which had prohibited the CCI director general from acting on the evidence seized during a dawn raid of 19 September 2014. The dawn raid in question was the first to be conducted by the director general and formed part of the investigation into JCB India Limited's......
Commentary
Ask Lexy

Vaish Associates Advocates | India | 12 Sep 2019

CCI finds no evidence of resale price maintenance in sale of Kaff appliances on Snapdeal

The Competition Commission of India (CCI) has dismissed allegations of resale price maintenance against Kaff Appliances (India) Pvt Ltd under Section 26(6) of the Competition Act 2002. The CCI noted that it could not conclusively establish that the evidence (ie, an email, a caution notice and a legal notice) had been used as instruments to impose a resale price maintenance on the informant....
Commentary
Ask Lexy

Vaish Associates Advocates | India | 5 Sep 2019

CCI penalises Godrej for role in bilateral ancillary cartel

In January 2019 the Competition Commission of India imposed a penalty of Rs85,01,364 on Godrej & Boyce Manufacturing Co Ltd for its role in a bilateral ancillary cartel, which violated Section 3(3) read with Section 3(1) of the Competition Act. Godrej's role in the cartel had been revealed via a leniency application filed by Panasonic Corporation, Japan on behalf of itself and its Indian......
Commentary
Ask Lexy

Vaish Associates Advocates | India | 29 Aug 2019

CCI cedes jurisdiction to decide abuse of dominance complaint against NSE

The Competition Commission of India (CCI) recently decided not to investigate allegations that the National Stock Exchange had abused its dominant position due to a potential jurisdictional conflict with the Securities Exchange Board of India. This decision was a surprise turn from the CCI's earlier position and is likely to have been influenced by a Supreme Court judgment which warned the......
Commentary
Ask Lexy

Vaish Associates Advocates | India | 15 Aug 2019

Court allows simultaneous proceedings against directors for alleged antitrust violation

In December 2018 the division bench of the Delhi High Court reconfirmed an earlier decision and held that simultaneous inquiries could be undertaken into Monsanto and its directors and officers for their alleged violation of the Competition Act 2002. The court also clarified that under Section 27 of the act, penalties could be imposed on the individuals in question based on their......
Commentary
Ask Lexy

Vaish Associates Advocates | India | 8 Aug 2019

Supreme Court ends jurisdictional conflict between CCI and TRAI

In December 2018 the Supreme Court finally ended the jurisdictional conflict between the Competition Commission of India (CCI) and the Telecom Regulatory Authority of India (TRAI). By invoking the doctrine of harmonious construction, the court balanced the scales and gave the TRAI the power to first determine the rights and obligations of parties, after which – if the TRAI believes that......
Commentary
Ask Lexy

Vaish Associates Advocates | India | 1 Aug 2019

CCI disagrees with director general's finding that GAIL enforced one-sided clauses in long-term contracts

In November 2018 the Competition Commission of India disagreed with the director general's findings and dismissed allegations that GAIL (India) Ltd had imposed unfair and one-sided conditions in its gas supply agreements (GSAs) with seven other companies and thereby abused its dominant position as the sole supplier of regasified liquefied natural gas. The main allegations concerned the......
Commentary
Ask Lexy

Vaish Associates Advocates | India | 25 Jul 2019

CCI exonerates RDCA of anti-competitive conduct in pharmaceutical market

The Competition Commission of India (CCI) has dismissed allegations that the Retail and Dispensing Chemists Association limited and controlled the free supply of products by charging the manufacturers of pharmaceutical products for a product information service (PIS). In making its decision, the CCI relied on the order passed in Santuka Associates Pvt Ltd, which found that the decisive factor......
Previous page 1 2 3 ...