Contextualising Dark Patterns as Unfair Trade Practices under the 2023 DCA
The RMLNLU Law Review Blog » Competition Law
by The RMLNLU Law Review Blog
1M ago
By: Sarvagya Chitranshi Digital markets in the Indian ecosystem have led to a rise in the number of commercial online players. Each of them faces a tough competition from the other when they grapple to expand their customer base. Such an environment may lead to certain unfair practices that prejudice the rights of a consumer. “Dark Patterns” are one such type of choice-based online architectures that deceive or coerce consumers into making unfavourable choices. The Department of Consumer Affairs (hereinafter “DCA”) have been cognizant of such practices and has urged e-commerce c ..read more
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Going the European Way? Defining ‘Substantial Business Operation’ in Competition Act, 2023
The RMLNLU Law Review Blog » Competition Law
by The RMLNLU Law Review Blog
8M ago
By- Siddharth Chaturvedi INTRODUCTION On 12th April 2023, the President of India gave her assent to the Competition Law Amendment Bill, 2022. This Act marks a significant step in introducing a series of new measures in order to curb the dominance of monopolistic players and introduce fair competition in the market. The Bill has also introduced new concepts such as assets turnover, material influence and other key changes. Another significant change introduced by the Act is the introduction of regulating combinations in light of the ‘substantial business operation’ of the Company. This marks a ..read more
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HDFC BANK AND HDFC LTD MERGER: A COMPETITION LAW SCRUTINY
The RMLNLU Law Review Blog » Competition Law
by The RMLNLU Law Review Blog
1y ago
By: Tapamoy Ghose INTRODUCTION HDFC Ltd, a mortgage lender, announced a merger with HDFC Bank on April 4, 2022. According to HDFC Bank, the merger is subject to various statutory and regulatory approvals, including those from the Competition Commission of India (CCI), the National Company Law Tribunal (NCLT), other applicable authorities, and the companies’ respective shareholders and creditors. HDFC Ltd is India’s leading housing finance company, with unparalleled relationships, scale, and underwriting expertise in the housing sector. On the other hand, with over 68 million customers, 6,342 b ..read more
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Proposed Amendments to E-Commerce Rules, 2020: Lack of Clarity and Judicial Overlaps
The RMLNLU Law Review Blog » Competition Law
by The RMLNLU Law Review Blog
1y ago
By: Archita Sharma INTRODUCTION E-commerce has revolutionised the way consumers interact with sellers to purchase goods and services. The industry is expected to rise to nearly $200 billion in size by 2026.  So as to regulate the growing e-commerce network and protect consumer rights, the government issued the (hereinafter ‘E-commerce Rules, 2020’) in July 2020. Within a year, the government also came out with proposed amendments to the E-Commerce Rules, 2020 (hereinafter ‘proposed amendments’) and invited comments from various stakeholders. The aim was to curb unfair trade practices, pro ..read more
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India’s Antitrust Problem With Big Tech—Part 2
The RMLNLU Law Review Blog » Competition Law
by The RMLNLU Law Review Blog
1y ago
BY: Samriddha Sen (This post is the second of a two part series on the topic – ‘India’s Antitrust Problem with Big Tech’) The second part of this piece analyses inherent competition concerns persisting with the nature and operation of Big Tech companies which hinder the regulatory capacity of CCI in effectively responding to the issues identified in the first part of this piece as well as highlight the overlapping jurisdiction of the CCI and sectoral regulators as a consequence of the continuingly expanding horizons of Big Tech’s influence on allied and ancillary sectors. INHERENT CHALLEN ..read more
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India’s Antitrust Problem With Big Tech—Part 1
The RMLNLU Law Review Blog » Competition Law
by The RMLNLU Law Review Blog
1y ago
BY: Samriddha Sen (This post is the first of a two part series on the topic – ‘India’s Antitrust Problem with Big Tech’) INTRODUCTION The term ‘Big Tech’ colloquially refers to the largest and most dominant technology firms operating in global digital markets. As opposed to its non-digital counterparts, digital markets inherently possess certain attributes which render it increasingly susceptible to tendencies of market dominance and concentration. Such attributes include fixed non-variable cost of information goods creating high entry barriers for new potential entrants; direct and indir ..read more
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Competition Watchdog held Discount Control Policy Anti-Competitive in Nature
The RMLNLU Law Review Blog » Competition Law
by The RMLNLU Law Review Blog
1y ago
INTRODUCTION The Indian antitrust regulator, the Competition Commission of India (hereinafter ‘CCI’), has passed a cease and desist order against Maruti Suzuki India Limited (hereinafter ‘MSIL’) for the formation of anti-competitive agreements with its dealers around India which deflects Appreciable Adverse Effect on Competition (hereinafter ‘AAEC’). MSIL has certainly followed the practice of Resale Price Maintenance (hereinafter ‘RPM’) by implementing its Discount Control Policy (hereinafter ‘DCP’) on its dealers and appointing Mystery Shopping Agencies (hereinafter ‘MSA’) to monitor the dis ..read more
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