Author: Admin
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Interoperability: An Effective Remedy in Competition Law
Sanskruti Jain I. INTRODUCTION As the ascent of digital markets is witnessed in the landscape of competition law, the presence of complexities and roadblocks has also presented themselves for Anti-trust regulators across the world. The remedies against antitrust distortions are to be assessed usually by its capability in output expansion, price compression, spurring innovation or…
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Assessing the CCI’s Green Channel Initiative for Merger Control
Shubhanshi Suman Introduction The ‘Green Channel Route’ for Combinations under the Competition Act was analysed and approved by the CCI in 2019. The CCI has eased the process of application for notification of any combination. This has opened the doors for self-analysis by the entities before the notification. The Chairperson of CCI, Mr. Ashok Kumar…
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Cartels and Carrots: Unraveling the Flaws in India’s Leniency-plus Approach
Aaryan Dhasmana and Shreya Sethi* Introduction The Competition Commission of India (CCI) has promulgated the draft Competition Commission of India (Lesser Penalty) Regulations, 2023,[1] to operationalize operationalize the ‘Leniency-Plus Regime’ stipulated in the 2023 amendment[2] to the Competition Act. Building on the existing anti-cartel regime, Leniency-Plus provides further incentives to enterprises under cartel investigations to…
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Data Privacy in Merger Regulation: A Non-price Parameter in Data-driven Acquisitions?
Mayannk Sharma and Shubh Jaiswal Abstract In an era of digital markets characterised by cut-throat competition, firms by and large compete on a variety of non-price parameters, namely quality, user interface, accessibility etc. However, the reluctance of the competition authorities to consider data privacy as a non-price parameter often leads to a veiled ignorance of…
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CCI Cannot Compel any Statutory Regulator to Outsource its Functions: An Analysis of ICAI v. CCI
Devansh Malhotra and Vaibhav Garg INTRODUCTION The Delhi High Court recently decided a matter concerning a tussle between two statutory bodies in the country involving the Institute of Chartered Accountants of India (“ICAI”) and Competition Commission of India (“CCI”) which was pending since 2014 for adjudication. In the case of ICAI v. CCI, a single…
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An Effects-based Approach to Abuse of Dominance
Ansruta Debnath & Aditi Sinha I. Introduction Indian competition law, governed by the Competition Act, 2002 (“the Act”) has two major provisions that regulate competition in the market. Section 3 of the Act deals with anti-competitive agreements and holds all those agreements void which have appreciable adverse effect on competition or (“AECC”). Section 4 on…
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Google LLC v. Competition Commission of India
Sakshi Sharma Introduction Google LLC and Google India Private Limited (‘Google’) filed a competition appeal [Competition Appeal (AT) No. 01 of 2023, new delhi] challenging the order passed by the Competition Commission of India (CCI), which had found Google to have abused its dominant position in violation of Section 4(2)(a)(i), Section 4(2)(b)(ii), Section 4(2)(c), Section…
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Unfair Business Practices by Food Delivery Platforms: An Analysis of the Competition Commission of India’s Assessment
By Tanvi Agarwal The author is a student of National University of Juridical Sciences, Kolkata. Abstract The accessibility and specialized food delivery services have made Zomato and Swiggy prominent e-commerce platforms. The NRAI has alleged unfair trade practices on part of these platforms and the CCI has referred three out of the eight allegations…
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Submissions for the first volume of NLIU Journal for Research in Competition Law and Policy (“NLIU-JRCLP”)
We are delighted to share that CRCLP is inviting submissions for the first volume of NLIU Journal for Research in Competition Law and Policy (“NLIU-JRCLP”). The Journal is accepting submissions under the broad theme of “Recent developments in Competition Law and Policy”. The submissions must be original and unpublished, and should have contemporary relevance. The…
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LOOKING THROUGH THE FENCE: BEER CARTELISATION CASE
The Competition Commission of India (CCI) has imposed a penalty of Rs. 223.48 crore on Make My Trip-Go (MMT-Go) under Section 4(1), Section 4(2)(a)(i) and Section 4(2)(c) of Competition Act,2002. The company had allegedly indulged in Anti trade practices. It was being biased towards OYO Rooms and was not giving enough space to OYO’s Competitors…