Only a few days before the Competition Commission of India (CCI) celebrated its 14th Annual Day on 20 May 2023, the Ministry of Corporate Affairs (MCA) notified the enforcement of certain provisions of the Competition (Amendment) Act, 2023 (CAA 23), with effect from 18 May 2023. A detailed overview of the provisions of the CAA 23 along with our views are available here, here, and here.
The (Indian) Competition Act, 2002 (Act), was enforced in a staggered manner between 2009 and 2011. Ever since, while the subordinate regulations were amended from time to time, the Act itself remained unamended.
On 8 February 2023, the Ministry of Corporate Affairs, Government of India (MCA), proposed amendments to the Competition (Amendment) Bill, 2022 (CAB22), which was tabled in the Indian Parliament in August 2022 to bring progressive improvements to the Competition Act, 2002 (Competition Act). The key features of CAB22 are discussed here. CAB22 was referred to the Joint Parliamentary Standing Committee on Finance (Standing Committee) which carried out detailed consultation with various stakeholders and suggested amendments (discussed here).
The Competition (Amendment) Bill, 2022 (Bill) was tabled before Lok Sabha, the lower house of the Indian Parliament on 5 August 2022. The Bill, which intends to introduce some wide-ranging changes to the Competition Act, 2002 (Competition Act), was sent to the Joint Parliamentary Standing Committee on Finance (Committee), seeking a report within 3 months.
The Ministry of Finance, Government of India (MoF) has issued two back-to-back notifications introducing a legal framework for the flow of information from the Enforcement Directorate to the Competition Commission of India (CCI) and authorising the CCI to scrutinise anti-profiteering measures.
On 1 December 2022, the National Company Law Appellate Tribunal (NCLAT) disposed of appeals filed against the Competition Commission of India’s (CCI) orderwhich found a few tyre manufacturers guilty of cartelisation (Order) and remanded the matter back to the CCI for review.
On 26 October 2022, the Competition Commission of India (CCI) published its order approving the amalgamation of Zee Entertainment Enterprises Limited (ZEEL / Zee) and Bangla Entertainment Private Limited (BEPL), with and into Culver Max Entertainment Private Limited (CME) (collectively, “Parties”) (the “Proposed Combination”).
Continuing its crackdown on the Indian digital sector, the Competition Commission of India (CCI), within a span of five days, imposed penalties worth INR 1,337.76 crore (~USD 162 million) and INR 936.44 crore (~USD 113 million) on Google for abusing its dominant position in the Android mobile operating system (Android OS) market and in relation to its ‘Play Store’ policies, respectively. In addition to the hefty penalties and the cease and desist orders, the CCI has directed Google to adopt corrective measures to create a level playing field.
