Patents Act will prevail over the Competition Act on matters involving exercise of rights under patents
The Division Bench of the Delhi High Court (“Division Bench”) has held that the Patents Act, 1970 (“Patents Act”) will prevail over the Competition Act, 2002, as amended (“Act”) on matters relating to exercise of rights relating to patents by a patentee. The judgment was passed by the Division Bench in a batch matter involving […]
Competition Commission dismisses allegations of anti-competitive agreement and abuse of dominant position against LG Electronics
Vide order dated 20th June, 2023, the Competition Commission of India (“CCI”) has dismissed the information filed by Perfect Infraengineers Limited (“PIL”) alleging contravention of Section 3 (anti-competitive agreements) and Section 4 (abuse of dominant position) of the Competition Act, 2002, as amended (“Act”), by LG Electronics India Private Limited (“LG”). As per the information […]
Amendments to the Indian Competition Law: The Indian Competition (Amendment) Act, 2023 aims to make India more business friendly
The Competition (Amendment) Act, 2023 (“Amendment Act”) to amend the Competition Act, 2002 (“Competition Act”) has received the assent of the President of India and was published in the Official Gazette on 11th April 2023. The provisions of the Amendment Act will come into effect on such date(s) as may be notified in the Official […]
Cartel regulation 2019 in India
India Legislation and institutions 1. Relevant legislation What is the relevant legislation? The relevant legislation is the Competition Act 2002, as amended (the Competition Act). 2. Relevant institutions Which authority investigates cartel matters? Is there a separate prosecution authority? Are cartel matters adjudicated or determined by the enforcement agency, […]
Important decisions by Indian Courts
2011 suspended the limitation period also in respect of those claims resulting from truck purchases prior to July 2005 (the date on which s.33(3) GWB entered into force). However, the court considered the claim founded only in respect of seven out of the 13 trucks. The reason for this was that the city of Göttingen […]
Developments in Indian Competition Law, 2017
Regional Developments India Supreme Court Of India Orders Penalty Under The Competition Act To Be Calculated Based On The Relevant Turnover And Not On The Total Turnover Abuse of dominant position; Cartels; Fines; India; Motor dealers; Pharmaceutical industry; Resale price maintenance In a landmark judgment, the Supreme Court of India, vide its order dated 8 […]
Key Decisions in Competition Law
INDIA Bombay High Court Sets Aside The Order Of CCI Against Cellular Operators Cartels; India; Investigations; Jurisdiction; National competition authorities; Telecommunications operators The Bombay High Court in its order dated 21 September, 2017, has quashed and set aside an order of the Competition Commission of India (CCI) dated 21 April, 2017 and all the […]