CCI introduces Leniency “Plus” regime in India- Will it suffice?
The Antitrust and Competition Law Blog
by MM Sharma
1M ago
Tweet India’s fair market watchdog, Competition Commission of India (“CCI”), after due consultations, has finally notified the “leniency plus” mechanism to further strengthen cartel detecting framework in India. CCI, in exercise of its powers underpowers conferred by sub- section (1) and clauses (ga),(gb) and (gc) of sub-section (2) of section 64, read with section 46 and clause (b) of section 27 of the Competition Act, 2002 (12 of 2003) ( “the Act”) , has notified the Competition Commission of India (Lesser Penalty) Regulations, 2024 (“2024 Regulations”) through a Gazette Notification dat ..read more
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Amazon Vs Reliance Group on Future Retail in India: What is the latest?
The Antitrust and Competition Law Blog
by MM Sharma
1M ago
Tweet Amazon Inc has been trying to expand its market power as the largest retail chain in India since its entry in this sub-continent in June 2013. But it faces a tough challenge from India’s Reliance Group, which apparently backed by the establishment, is not losing any opportunity to stop Amazon’s expansion in India. The saga of Amazon’s unsuccessful bid to take over the sick Future retail group, with a chain of departmental stores across the metropolitan cities in India, due to the series of legal battles across various judicial and quasi-judicial fora , had attracted media limelight b ..read more
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Google Vs. App developers – Madras High Court refuses to intervene in the terms of Google’s Play Billing System on technical grounds
The Antitrust and Competition Law Blog
by MM Sharma
2M ago
Tweet In a significant legal development, the division bench of the Madras High Court (MHC) vide its judgment dated 19th January 2024, upholding the judgment pronounced by the single bench of the same High Court on 3rd August 2023 ,  held that the High Court lacks jurisdiction on the original side to admit a civil suit for declaration against the  terms and conditions of the payment/billing arrangements between the App developers and Google , due to statutory bar against role of civil courts in competition law related matters under India’s competition law , being reserved for ex ..read more
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Debate on SEP under FRAND terms revive in India -Ericsson wins the second round before Delhi High Court -Smartphone patent wars continue in India.
The Antitrust and Competition Law Blog
by MM Sharma
6M ago
Tweet The Division Bench of the Delhi High Court, vide its judgment dated July 13, 2023 in  Telefonaktiebolaget Lm Ericsson (PUBL) vs. CCI  has revived the old debate for jurisdictional issue between the Controller of Patents  and the Fair Market Watchdog, the Competition Commission of India (CCI)  for determination of the FRAND terms for grant of license  of SEPs to Smartphone makers by holding that , it is the former ( Controller of Patents) which shall decide the moot issue . The clash of jurisdiction in India between (i) sector specific regulators such as Tele ..read more
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Supreme Court of India reaffirms competitive neutrality principle -holds that Government Companies are not outside the preview of the Competition Act
The Antitrust and Competition Law Blog
by MM Sharma
10M ago
Tweet “Competitive neutrality” meaning creating a level playing field between public and private sector is a bedrock of modern competition laws across the Globe. For instance, in Europe, there are special provisions for scrutiny of “State Aid” in the form of Article 107 of the Treaty on the Functioning of the European Union (TFEU). Unfortunately, while redesigning our competition law, India did not opt for a similar specific provision in our Competition Act, 2002. (The Act). But it is not as if the concept does not exist in India. The concept has been discreetly introduced in the Act ..read more
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CENTRAL GOVT NOTIFIES SOME KEY AMENDMENTS OF THE COMPETITION (AMENDMENT) ACT, 2023
The Antitrust and Competition Law Blog
by MM Sharma
10M ago
Tweet The Government of India, Ministry of Corporate Affairs, vide gazette notification, S.O. 2228(E), dated 18th May 2023, has enforced the following important Sections/provisions of the Competition (Amendment) Act, 2023 with effect from 18 May 2023. SECTION OF THE MAIN COMPETITION ACT, 2002 TITLE DESCRIPTION 2 Definitions Commitment, Enterprise, Party, Relevant Product Market. 3 Anti-competitive agreements (Horizontal Agreements, including cartels) Introduction of element of mens rea for horizontal anti-competitive agreements by facilitators (“Hubs”). 3 Anti-competitive agreemen ..read more
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India amends its Competition Law -The Competition (Amendment) Act, 2023 comes into force- One step forward and two backwards??
The Antitrust and Competition Law Blog
by MM Sharma
1y ago
Tweet In a significant development , after the Lok Sabha ( Lower house of Indian Parliament ) passed the Competition (Amendment) Bill 2023 on 29.March 2023 , the Bill was  passed by the Rajya Sabha ( upper house ) on 03 April ,2023 and after receiving  the Presidential assent on 11 April 2023 , has been promulgated and notified  in the Gazette of India as The Competition (Amendment) Act, 2023  on 11th April, 2023 . The major changes proposed in the Competition (Amendment ) Bill, 2023 ( “the Bill, 2023” )as passed by the Lok Sabha on 29.3.2023 were summarized in my blog ..read more
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Lok Sabha Passes the Competition Amendment Bill, 2022
The Antitrust and Competition Law Blog
by MM Sharma
1y ago
Tweet Lok Sabha , the Lower House of the Indian Parliament on 29.03.2023 passed the much awaited Competition Amendment Bill, 2002 (“the Bill”). The Bill was introduced in the Lok Sabha on 05.08.2022 and was referred to Standing Committee on Finance for examination and report thereon on 17.8.2022. The Standing Committee on Finance (under the chairmanship of Shri Jayant Sinha) submitted its report on the Competition (Amendment) Bill, 2022 on 13.12.2022 in the form of 52nd Report, Standing Committee on Finance (2022-2023). The report was presented before the Lok Sabha and Rajya Sabha on 13 ..read more
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Google concedes defeat in India? Agrees to change India App store policy after CCI order.
The Antitrust and Competition Law Blog
by MM Sharma
1y ago
Tweet Has Google finally conceded its alleged anti-competitive conduct in India? Or it is a mere delaying tactic to pacify India’s furious Antitrust regulatory regime , which seems to be bent upon teaching Google a lesson or two  like those in the European Union and United States .   On 25th January 2023, Google announced changes in its App policies for OEMs, the Smartphone makers in India by allowing them to license Applications individually. The unilateral announcement came two days before the 7 days’ time period granted by the Supreme Court of India vide its interim order ..read more
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MSMEs and Competition Law: A way forward
The Antitrust and Competition Law Blog
by MM Sharma
1y ago
Tweet The Micro, Small and Medium Enterprises (MSME) sector is the backbone of any economy and has the potential to generate employment across all sectors of the economy with limited capital and technology. It is estimated that India’s 63 million MSMEs contribute over 30% of India’s GDP and 45% of India’s of exports, while employing around 111 million people. MSME entrepreneurs are not only job creators but also drive economic activities across the value chain[1]. To promote the growth of Micro, Small and Medium enterprises, the Ministry of Micro, Small and Medium Enterprises has formed Na ..read more
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