Digital Competition Law
The first draft of the Digital Competition law is expected to be ready soon Competition and anti-trust issues in India, including those in the digital market, are primarily governed by the Competition Act, 2002 (“Competition Act”). With the aim to regulate competition related issues specific to the digital market in a better and efficient manner, […]
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NCLAT upholds CCI’s decision to penalise Google for abusing its dominant position The National Company Law Appellate Tribunal (“NCLAT”), which is the appellate authority under the Competition Act, 2002 (“Act”), has upheld the imposition of penalty amounting to INR 1,337.76 crore (approx USD 167 million) on Google by the Competition Commission of India (“CCI”), for […]
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 […]
CCI closes the information against M3M real developers alleging contravention of Act
The Competition Commission of India (“CCI”) has dismissed an information filed by an individual resident of Gurgaon, Haryana (“Informant”) against M3M India Private Limited (“M3M”) which is a real estate developer alleging contraventions of Section 3 (anti-competitive agreements) and Section 4 (abuse of dominant position) of the Competition Act, 2002, as amended (“Act”). The information […]
Supreme Court of India holds that the provisions of the Compeition Act will be applicable to Coal India Limited
The Supreme Court of India, vide an order dated 15th June 2023 has concluded that the provisions of the Competition Act, 2002, as amended (“Competition Act”) would apply to Coal India Limited (“CIL”). CIL is a Government Company, which came into being under the Coal Mines (Nationalisation) Act, 1973 (“Nationalisation Act”) and is tasked with […]
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 […]
Competition Amendment Act provisions come into effect May’23
Provisions of the Competition (Amendment) Act, 2023 that have come into effect. The Government of India has made effective from 18th May 2023[1] some provisions of the Competition (Amendment) Act, 2023 (“Amendment Act”), thereby amending the Competition Act, 2022 (“Act”) to that extent. The provisions made effective include sections under the Amended Act on: Hub and […]
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 […]