The Competition Commission of India (CCI) has published the draft Competition Commission of India (Lesser Penalty) Regulations, 2023 (LPR 2023) seeking stakeholder comments by 6 November 2023.
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CCI’s Draft (Combinations) Regulations: Key Takeaways
The Competition Commission of India (CCI) has published the draft CCI (Combinations) Regulations, 2023 (Draft M&A Regulations) on 5 September 2023 and has invited stakeholder comments, to be submitted by 25 September 2023. The Draft M&A Regulations would replace the current CCI (Procedure in regard to the transactions of business relating to combinations) Regulations, 2011…
What’s Happening? 2022 Wrap of Competition Law in India
Introduction
2022 was an eventful year for competition law in India. The Competition Commission of India (CCI) operated optimally approving combinations notified before it in reasonable timelines, conducting significant dawn raids, passing notable orders that made international headlines, and conducting market studies. The anticipated amendments to the Competition Act, 2002 (Act) were discussed ad nauseum…
Clarity on parity? Potential implications of the CCI’s order against MMT-Go for intermediation platforms
On 19 October 2022, the Competition Commission of India (the CCI) imposed heavy penalties[1] on MakeMyTrip India Private Limited (MMT) and Ibibo Group Private Limited (collectively, MMT-Go) and directed MMT-Go to, inter alia, modify its agreements with hotels to remove parity and exclusivity related obligations. Legitimacy of price parity clauses (also referred to as…
Update on Indian Merger Control Regime: The Small Target Exemption and pitfalls around jurisdictional thresholds for merger filings before the CCI
The Ministry of Corporate Affairs (“MCA”) has extended the suspension of the 30-day deadline for merger filings
India’s competition regime is mandatory and suspensory. A transaction cannot be completed (in whole or in part) unless the Indian competition regulator grants its approval.…
Penalty for penalty: CCI penalises Maruti Suzuki for indulging in resale price maintenance
In an order published on August 23, 2021, the Competition Commission of India (CCI) penalised Maruti Suzuki India Limited (MSIL) to the tune of INR 2 billion (approx. USD 27 million) for restricting and controlling the discounts offered by its dealers to the end consumers. Such conduct by India’s leading passenger vehicle manufacturer was held…
Arbitrating Competition Law Disputes in India
This piece was first published in the October 2017 edition of the Manupatra Competition Law Reports.
Over the years arbitration has become a preferred private and consensual mode of dispute resolution. Arbitral tribunals and courts have been dealing with complex contracts and rapidly evolving the law relating to arbitrations. An issue commonly faced by arbitral…
Excessive Pricing: A Neglected Antitrust Concept?
This piece was first published in the October 2017 issue of The Practical Lawyer [(2017) PL (Comp. L) October 104]
Antitrust authorities worldwide have actively investigated and penalised dominant enterprises on various types of anti-competitive conduct. However, historically, very few cases have been pursued on the issue of excessive pricing by dominant entities. It is…
India Bids Adieu to 30 Day Notification Regime
This piece was first published in the September 2017 issue of The Practical Lawyer [(2017) PL (Comp. L) September 82]
The Indian merger control regime has evolved substantially over the years since its introduction in June 2011. The preceding six years have seen a steady series of five amendments to the Combination Regulations[1], the primary…
Resale Price Maintenance : Has CCI Upped the Ante?
This piece was first published in the August 2017 issue of The Practical Lawyer [(2017) PL (Comp. L) August 80]
Price fixing arrangements strike at the very heart of antitrust violations since they go against the accepted norm of price being determined by market forces. Such arrangements raise concerns in both horizontal and vertical markets.…