Category: BLOG
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Section 57 and Regulation 35(8): A Legal Crossroad
Akash Hogade Introduction The Karnataka High Court recently in the case of Swiggy v. CCI remanded the matter back to the Competition Commission of India (‘Commission’) for fresh reconsideration. This matter, though was mainly remanded on the basis of joint submissions made by parties, does raise intriguing aspects of Confidentiality and Principles of Natural Justice.…
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CCI v. Sector Regulators: Navigating Jurisdictional Ambiguities for Effective Resolution
Hammad Siddiqui & Naman Pratap Singh Abstract The Competition Commission of India (CCI) functions as a watchdog of the market safeguarding competition and consumer welfare. Several other sector-specific regulators like SEBI and TRAI also have their presence. In performing their functions, their jurisdiction often overlaps. This jurisdictional conflict raises several problems like forum-shopping, legal uncertainty,…
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The Missing Element of Intention in a Hub and Spoke Agreement
Akshata Singhvi Introduction A wheel has three components, the hub, a spoke and a rim. In a Hub and Spoke (H&S) Agreement, hub is the common retailer (or supplier), spokes represent competitors at the same level in the production cycle, whereas rim is the agreement between a hub and a spoke or between the Spokes.…
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Assessing Obligations Under the Digital Competition Bill 2024
Tanya Mahajan Introduction: The objective of the Digital Competition Bill (“DCB”) is to impose mandatory obligations upon Systemically Significant Digital Enterprises (“SSDEs”) and Associate Digital Enterprises (“ADEs”), to ensure the fairness, contestability, and transparency of markets. These obligations seem to have been derived from two main sources: (i) The Anti-Competitive Practices (“ACPs”) identified by the…
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Examining 2023 Draft Combination Regulations: One Step Forward, Two Steps Back
Tanya Mahajan Introduction Having obtained presidential assent on 11th April 2023, the Competition Amendment Act, 2023[1] is being implemented in a staged manner to rework the competition regime within the country. In line with this Amendment, the new proposed merger control regime has also been issued by the CCI. This draws our attention to the…
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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…