Competition Law

A Cyril Amarchand Mangaldas Blog

  Can enterprises be in violation of the Competition Act, 2002 (Competition Act) when prevailing market conditions are themselves not conducive to a competitive market? This is an interesting question relating to enforcement of the Competition Act, which was dealt with by the Hon’ble Supreme Court of India (Supreme Court) in the case of Rajasthan Cylinders and Containers Ltd v Union of India & Anr[1]. The case arose from a tender floated by Indian Oil…
  In a recent order, the Competition Commission of India (CCI) has granted Panasonic Energy India Co. Ltd. (“Panasonic India”) and its office bearers, a 100% penalty reduction under the leniency regime provided by the Competition Act, 2002 (Act).[1] This is the second time Panasonic India has been granted full immunity under the leniency regime in India.…
Recently, the Competition Commission of India (CCI) published advocacy material in the form of a competition assessment toolkit intended for policymakers, researchers, analysts, and competition stakeholders; and a diagnostic toolkit for procurement officers. This furthers the CCI’s mandate of taking suitable measures for the promotion of competition advocacy, creating awareness and imparting training about competition issues.…
The Competition Commission of India (CCI) has, for the sixth time since the introduction of the merger control regime in India, proposed amendments (Proposed Amendments) to the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 (Combination Regulations). The Combination Regulations are the principal regulations governing the merger notification process in India.[1] Some of the changes proposed by the CCI seem to be aimed at addressing issues…
The Competition Commission of India (CCI), in its order dated 11 July 2018[1], has awarded a 100 per cent reduction in penalty to leniency applicants Globecast India Private Limited (GI) and Globecast Asia Private Limited (GA) (collectively referred to as Globecast), along with their respective responsible office-bearers. It has also awarded a 30 per cent reduction to Essel Shyam Communication Limited (now Planetcast Media Services Limited) (ESCL) along with their responsible officer bearers, in a…
In a notification dated July 4, 2018, the Ministry of Corporate Affairs (MCA) has granted an additional three year extension to the Vessel Sharing Agreements Exemption (VSA Exemption) in the liner shipping industry. This exempts VSAs from scrutiny under Section 3 (i.e., anti-competitive agreements) of the Competition Act, 2002 (as amended) (Act). This extension, which is a furtherance of international best practice, has come as a source of relief to the liner shipping industry, given that…
Can an enterprise agree with its competitors not to hire each other’s employees without violating antitrust laws? Like any other practice of an enterprise, hiring practices may also violate antitrust laws. From an antitrust perspective, enterprises competing against each other to hire or retain employees are competitors in the employment marketplace irrespective of whether they sell the same product or provide the same services. Therefore, any agreement between employers, expressly or implicitly, agreeing not to…
* This piece was first published in the February 2018 issue of the Practical Lawyer (2018) PL (Comp. L) Feb 75 The boom in the technology and internet arenas has globally accelerated the growth of the digital economy. This has significantly aided the mechanism of collecting, processing and commercially exploiting the data in the hands of large corporations and even start-ups. Commonly referred to as ‘big data’, the concept refers to large volumes of a…
* This piece was first published in the January 2018 issue of the Practical Lawyer (2018) PL (Comp. L) Jan 75 With the USD 130 billion merger between global agrochemical giants – Dow Chemicals and E. I. du Pont de Nemours and Company (DuPont) being granted a green chit by the European Commission (EC) and the Competition Commission of India (CCI), the significance of innovation in merger assessment has witnessed a renewed focus. The extent…
* This piece was first published in the December 2017 issue of the Practical Lawyer (2017) PL (Comp. L) Dec 76 This century is continually being marked by the convergence of this goliath world into a global village. While this phenomenon is attributable to a number of factors, inter-operability of technology and adoption of common standards have acted as important catalysts in this process. As such, this convergence perforce requires that common standards are available…