Competition / Antitrust

By way of a notification published on 30 October 2019 (Amendment), the Competition Commission of India (CCI) has yet again amended the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 (Combination Regulations). The Amendment, effective from 30 October 2019, has enhanced the filing fee which is payable along with the merger notification to the CCI for a pre-merger approval. The Amendment marks the third instance where the filing fee has been increased by the CCI.

The Competition Commission of India (CCI) closed a case involving allegations of Resale Price Maintenance (RPM) against Kaff Appliances (India) Private Limited (Kaff). The allegations arose from information filed by Jasper lnfotech Private Limited which alleged RPM restrictions on its online marketplace website “www.snapdeal.com” (Snapdeal). Snapdeal averred that it had displayed products of Kaff, namely chimneys and hobs, at discounted prices on its website.

The S1. upreme Court dismissed an appeal by the CCI challenging an order of the High Court of Bombay (High Court) in a matter alleging cartelisation by telecom companies Bharti Airtel Limited, Vodafone India and Idea Cellular Limited (collectively, IDOs). The IDOs and the Cellular Operators Association of India (COAI) had filed writ petitions before the High Court, praying for quashing of the order of investigation against them, on grounds that the CCI did not have jurisdiction, considering that the TRAI was already seized of the matter

On 5 December 2018, the Supreme Court dismissed an appeal by the Competition Commission of India (CCI) challenging a Bombay High Court order in a matter alleging cartelisation by telecom companies Airtel, Vodafone and Idea (collectively, the IDOs). The central issue before the Supreme Court was the jurisdiction of the CCI to probe allegations of cartelisation by IDOs and the Cellular Operators Association of India (COAI).

Recently, the Competition Commission of India (CCI) released a policy note titled Making Markets Work for Affordable Healthcare (Policy Note). The Policy Note asserts that the CCI, over the course of its adjudicatory experience, had observed information asymmetry and supplier-induced demand in the pharmaceutical / healthcare sector resulting in circumscribing consumer choice. The key issues and recommendations discussed in the Policy Note are set out below:

On 8 November 2018, the Competition Commission of India (Commission) passed a common order (Order) to dispose of 10 sets of information (Information) filed against GAIL (India) Limited (Gail) by some of its Regasified Liquified Natural Gas customers (Informants). The Commission found that Gail did not abuse its position of dominance in terms of Section 4 of the Competition Act, 2002 (Competition Act).

The Supreme Court allowed the appeals filed by 45 liquified petroleum gas cylinder manufacturers, setting aside CCI orders and order of the former Competition Appellate Tribunal (COMPAT), which had held that the manufacturers indulged in bid rigging in the tender floated by the Indian Oil Corporation (IOCL).

The Competition Commission of India (CCI) notified the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2018 on 9 October 2018 (Amendment Regulations). The Amendment Regulations bring welcome and anticipated changes to the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 (Combination Regulations).

The Competition Commission of India (CCI) on 9 July 2018 closed a case involving allegations of abuse of dominant position against Merlin Developers, Merlin Projects Limited (Merlin Developers and Merlin Projects Limited have been collectively referred to as Merlin), Merlin group companies and their office bearers (In Re: Cambridge Residents Welfare Association & Others And Merlin Developers & Others; Case No. 50 of 2017). The informants in this case, Cambridge Residents Welfare Association

On 4 July 2018, the Ministry of Corporate Affairs (MCA) extended the vessel sharing exemption applicable to the liner shipping industry from scrutiny under Section 3 of the Competition Act, 2002 (Exemption) for a further period of three years  . The Exemption has been extended on an annual basis after its initial introduction in September 2012 with the last extension expiring on 19 June 2018.